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(영문) 대전고등법원 2018.10.17 2018나12528
추심금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The court's explanation of this case is identical to the part against the defendant among the judgment of the court of first instance, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

However, the first instance court's first instance court's "[3,00,000 won - 325,340 won - 325,340 won) x 6 months]" is used as "[3,00,000 won - 325,340 won - 1,50,000 won] x 6 months]", and the second instance court's second instance court's decision on the argument that the defendant made in this court is added as set forth below 2.

2. Additional determination

A. The defendant asserts that the defendant did not actually pay the benefits to C, and that the defendant did not actually pay the benefits to C.

However, in light of the fact that C prepares a detailed statement of benefits that the amount of earned income reported in the Jeju Tax Affairs Report that C received benefits in 2015 while serving as the Defendant’s representative is KRW 24 million (the amount of KRW 3 million shall be received every month from January 2, 2015 to July 2, 2015, from July 2015 to December 2015), and that the Defendant is paid KRW 2,674,660 each month as benefits to C from July 2015 to December 2015, the Defendant cannot be deemed to have actually paid benefits to C solely on the ground that the amount of benefits was not recognized as the account.

Even if the Defendant assumed that the Defendant did not pay the benefits to C as alleged by the Defendant, it is recognized that the Defendant had a duty to pay the benefits to C on the date of the first pleading of the trial. In light of the aforementioned various circumstances, it is recognized that the Defendant had a duty to pay the amount equivalent to the benefits prepared by the statement of benefits

Therefore, regardless of whether the Defendant actually paid the benefits to C, the Plaintiff is obliged to pay the remainder of the amount equivalent to C’s benefits upon the Plaintiff’s claim for collection money according to the instant claim attachment and collection order, excluding the claims prohibited from seizure.

B. The Plaintiff’s claim against C.

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