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(영문) 춘천지방법원 2017.06.20 2016가단2546
추심금
Text

1. The Defendant shall pay to the Plaintiff KRW 89,529,755 and the interest rate of KRW 15% per annum from May 19, 2016 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff received a payment order against B in the Seoul Central District Court 2015 tea5389 (hereinafter “Seoul Central District Court”), which became final and conclusive as it is.

B. On May 8, 2015, the Plaintiff received a seizure and collection order (hereinafter “instant collection order”) with respect to the amount up to the above claim amount among the wage claims that B holds against the Defendant (hereinafter “instant claim”) based on the original of the above executory payment order, which was KRW 89,529,755, which was based on the Chuncheon District Court 2015TT 15,507. The instant collection order was served on the Defendant on May 15, 2015.

【Ground for Recognition: Unsatisfy, Entry of Evidence A Nos. 1 and 2, and the purport of the whole pleadings】

2. The allegations by the parties and the judgment thereof

A. 1) The Plaintiff received the instant collection order regarding the instant claim. Therefore, the Defendant is obligated to pay the Plaintiff the collection amount of KRW 89,529,755 to the Plaintiff. 2) The Defendant’s salary that Defendant B received from the Defendant is merely KRW 1.5 million per month, and the instant claim constitutes the claim subject to prohibition of seizure under Article 246(1)4 of the Civil Execution Act.

Therefore, the collection order of this case is invalid.

B. In light of the following circumstances, as a result of the Party B’s written evidence No. 3, the witness C’s testimony, and each taxation data submission order to the Director of Chuncheon Tax Office regarding whether the benefits of Party B are merely KRW 1.5 million per month, the results of the fact inquiry to the Minister of Health and Welfare and the purport of the entire pleadings, the benefits of Party B seems to exceed KRW 1.5 million per month.

1) B obtained a herb doctor’s license on March 20, 1995, and thereafter registered as the representative of the Defendant, a herb doctor, Daehan located in Chuncheon City (hereinafter “Korea Institute”).

(2) Although the Defendant is registered as the representative of the instant oriental medical clinic, it did not provide any medical treatment at all at all from the instant oriental medical clinic.

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