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1. The Defendant shall pay to the Plaintiff KRW 107,786,687 and the interest rate of KRW 15% per annum from March 1, 2016 to the date of full payment.
Reasons
1. Facts of recognition;
A. On March 20, 2015, the Plaintiff filed a lawsuit against A for a loan claim with the Busan District Court Decision 2014Da100944, and was sentenced by the above court to the effect that “A shall pay to the Plaintiff 92,722,736 won and 80,000,000 won with interest of 18% per annum from December 27, 2014 to the date of full payment,” which became final and conclusive as is.
1. Claims to be transferred and collected as provisional seizure: the balance after deducting taxes and public charges from the monthly salary (main salary, bonus and allowances) and retirement allowances which the debtor (A) receives from the third debtor (defendant) on a monthly basis;
(a) Where the benefits are not more than 1,500,000 won, the full prohibition of seizure;
(b) The portion remaining after deducting 1,500,000 won, if the amount of benefits is more than 1,500,000 won but not more than 3,00,000 won, until the amount claimed;
(c)if the amount of benefits is more than 3,000,000 won but not more than 6,000,000 won, the remainder after deducting 1/2 of those amounts is the portion to the claimed amount;
(d)where the benefits exceed 6,000,000 won, the portion remaining after deducting the amount [3,00,000 won and the amount/2 - 3,000,000 won/2] from that amount until that amount reaches the claimed amount;
E. Where an obligor makes interim settlement of retirement, voluntary retirement, or interim retirement benefits between the above parts that do not reach the claim amount, such part shall be included within the limit of 1/2 of the balance obtained by deducting taxes and public charges from such retirement benefits, honorary retirement allowances (or voluntary retirement allowances, etc.) or interim settlement amount, including the above
2. Claims to be seized and collected: 15,063,951 won, after deducting the taxes and public charges from the salaries (main pay, bonuses and allowances) and honorary retirement allowances that the debtor receives every month from the garnishee, as well as the balance of the monthly allowances;
(a) Where the benefits are not more than 1,500,000 won, the full prohibition of seizure;
(b)if the amount of benefits is more than 1,500,000 won but not more than 3,000,000 won, the remainder after deducting 1,50,000 won shall be the remainder until it reaches the claimed amount;