1. The plaintiff's claim is dismissed.

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

1. The following facts are acknowledged in full view of the Plaintiff’s claims attachment and collection order Gap evidence Nos. 1 and 2 and the purport of the entire pleadings.

Based on the original copy of the decision of compulsory conciliation rendered by the Daegu District Court 2013s. 16263, the Plaintiff received a claim attachment and collection order (hereinafter “instant collection order”) from the Daegu District Court 2016TTTT 536 as to the following claims against the Defendants (third obligor) of D, and the said order was served on February 18, 2016 to the Defendants respectively.

The total amount of claims to be collected by seizure: 1.B (E) the details of claims by garnishee 41,285,201: 20,642,600 won: 20,642,600 won: 20,642,601 won: 30,000 won (E) the balance after deducting taxes and public charges from monthly wage received by the garnishee 20,642,601 won; 46(1)4 of the Civil Execution Act; 3 of Article 3 of the Enforcement Decree of the same Act, for benefits exceeding 1,50,000 won, the amount of which exceeds the above amount by the following methods:

1. An amount exceeding 1,500,000 won for up to 3,000,000 won; and

2. Benefits of up to 6,000,000 won exceeding 3,000,000 won: 1/2; and

3. Amount exceeding 6,00,000 won [excluding benefits x 1/2-3,00,000) x 1/2]: Provided, That when a debtor remains unpaid due to retirement or interim settlement of accounts for retirement or interim retirement benefits, the amount equivalent to half of the amount calculated by deducting taxes and public charges from retirement benefits (excluding retirement pension under the Guarantee of Workers' Retirement Benefits Act) or interim settlement payments to be received by the debtor, or other retirement benefits paid due to retirement, or retirement allowances paid due to retirement, from among honorary retirement allowances, shall be the amount equivalent to one half of the amount claimed.

2. Determination as to the claim for collection amount

A. The Defendants alleged by the Plaintiff employ D while operating rice tea house in the name of “E”. Thus, according to the instant collection order, the Plaintiff shall be paid the amount exceeding the prohibited amount of seizure under the Civil Execution Act out of the benefits of D pursuant to the instant collection order.