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(영문) 청주지방법원 2020.01.17 2019가단3011
추심금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. In the Cheongju District Court 2017Gadan13243, Cheongju District Court 2017, the Plaintiff filed against C, “C shall pay the Plaintiff KRW 35 million in installments, and KRW 7.5 million in installments shall be KRW 5 million in the last day of each month from March 2018 to May 2019, and KRW 15 million shall be KRW 500,000 on June 30, 2018, and KRW 12.5 million shall be paid on December 31, 2019, respectively. If C delays the payment of the above amount and KRW 1.5 million in delay, it shall lose the benefit of the due date, and the payment of damages for delay calculated at the rate of KRW 1.5% per annum from the date of loss of accrued interest to the date of full payment becomes final and conclusive as a substitute for the conciliation as of February 5, 2018.

B. On February 20, 2019, the Plaintiff filed an application for a seizure and collection order with the obligor C, the garnishee, the Defendant, and the claim amounting to KRW 39,051,164 with the Cheongju District Court 2019TT as the executive title of the decision substituting the above conciliation. On February 20, 2019, the Plaintiff received a seizure and collection order with respect to the following claims against the Defendant (hereinafter “instant collection order”), and the original copy was served on the Defendant on February 25, 2019.

C The amount of monthly salary to be paid by the Defendant (the amount after deducting taxes and public charges from the principal salary, various allowances, bonuses, etc.) by the amount of the above claim, excluding the amount prohibited from seizure under the following cases, until the amount of the above claim:

1. Where monthly benefit is not more than 1.5 million won, the whole amount;

2. 1.5 million won, where monthly benefit exceeds 1.5 million won, and does not exceed 3 million won; and

3. Where the monthly benefit exceeds 3 million won, and is not more than 6 million won, 1/2 of the monthly benefit;

4. Where the monthly benefit exceeds 6 million won, 3 million won (1/2 of a monthly wage)/2 shall be deducted: Provided, That when retirement, voluntary retirement, or interim settlement of retirement benefits is made during the period that does not reach the above claim amount, taxes and public charges shall be deducted from the amount of such retirement benefits, honorary retirement allowances (or honorary retirement allowances, etc.), or interim settlement of accounts.

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