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1. The Defendant’s KRW 7,629,032 as well as the Plaintiff’s annual rate of 5% from July 25, 2018 to January 10, 2019.
Reasons
1. Facts without dispute;
A. On October 14, 2016, the Plaintiff filed a lawsuit against C with Jeju District Court No. 2016Kadan12419, and was sentenced by the Jeju District Court to “C shall pay to the Plaintiff 45,60,000 won with interest of 15% per annum from September 23, 2016 to the date of full payment.”
The above judgment was finalized as it is.
B. On April 20, 2018, the Plaintiff received a seizure and collection order as to the claim indicated in the attached Form No. 53,957,917, which C had against the Defendant, as the competent Jeju District Court 2018TT No. 2164 (hereinafter “instant claim”). The Plaintiff was served on the Defendant on April 25, 201 the aforementioned claim seizure and collection order.
(A) Determination of this Court;
A. The claim of this case against the Defendant in this case is the amount to be paid in 53,957,917, and 1/2 of the balance calculated by subtracting tax and public charges, among the salaries received by C each month from the Defendant (main pay and various allowances) and the terminal allowances (in December) received by C in June and December each year, until it reaches 53,957,917.
In summary, C is the amount equivalent to 1/2 of the wage claims of the defendant who is the shipowner and is the seafarer.
The defendant asserts that there is no wage to be paid to C after receiving the seizure and collection order.
If the purport of the entire argument is added to the statement in the evidence Nos. 1 through 3, the Defendant and C, the shipowner, and the seafarers, prepared a seafarer labor contract on April 8, 2017. According to the above seafarer labor contract, C is to be on board the Defendant and engage in fishing operations on board the Defendant, and the monthly salary is to be paid once a month, and the payment date is to be determined one month after the departure of the vessel. The Defendant did not specifically state the Defendant’s agreement with C (as to whether the agreement was without permission) even after the issuance of the order of seizure and collection after April 25, 2018.