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(영문) 서울남부지방법원 2018.11.23 2017나60565
추심금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. On November 11, 2015, based on the executory exemplification of the judgment rendered in the loan case, Busan District Court 2014Kadan27281, the Plaintiff was issued a seizure and collection order (hereinafter “instant collection order”) with respect to the following wage and retirement allowance claim against the debtor B’s Defendant (hereinafter “instant collection claim”), and the said order was served on the Defendant, the garnishee, who is the debtor, on November 16, 2015.

51,539,177 debtor B, a 33 debtor debtor B, a corporation (the defendant) is on board the debtor B, and he receives monthly salary (main salary and allowances) from the debtor against the third debtor and the end-of-day allowance (in June and December of each year), less the tax and public charges, until the above amount reaches the above amount, 1/2, less the above amount (if the Enforcement Decree of the Civil Execution Act is equivalent to the amount prescribed by the Enforcement Decree of the Civil Execution Act in consideration of the minimum cost of living under the National Basic Living Security Act in consideration of the minimum cost of living of the standard household, the remaining amount after deducting the tax and public charges, if the amount falls under the amount prescribed by the Enforcement Decree of the Civil Execution Act in consideration of the cost of living of the standard household) and the claimed amount. If a retirement allowance is received, one-half of the balance subtracting the tax and public charges from the retirement allowance,

B. From November 16, 2015 to March 15, 2017, when the collection order of this case was issued to the Defendant, B retired from the Defendant Company from November 16, 2015 to March 15, 2017, the remainder calculated by subtracting taxes and public charges from the benefits and bonuses that the Defendant would pay to B is KRW 57,201,97 as shown in the attached Form. The Enforcement Decree of the Civil Execution Act with the method of calculating the above collection order does not reach the amount prescribed by the Presidential Decree in consideration of the minimum cost of living under the National Basic Living Security Act.

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