beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 7, 2017, the Defendant was issued a payment order with the rate of 20.9% per annum from February 1, 2017 to the date of full payment, and the said decision became final and conclusive on March 29, 2017.
B. On May 2, 2017, the Defendant was issued a seizure and collection order (hereinafter “instant seizure and collection order”) with the title of execution with regard to the claim amounting to KRW 8,486,270 against the Plaintiff, who is the garnishee of A, the debtor, as indicated in the attached list, as the Jung-gu District Court Decision 2017TTT 54264, May 2, 2017.
The instant order of seizure and collection was served on May 10, 2017 on the Plaintiff.
C. On the basis of the instant order of seizure and collection, the Defendant filed a lawsuit for the claim for the collection amount under Seoul Central District Court 2017 Ghana6815067, and “the Plaintiff (the Plaintiff of this case) shall pay the Plaintiff (the Plaintiff of this case) the collection amount of KRW 8,486,270 based on the instant order of seizure and collection, and the damages for delay at the rate of 15% per annum from the day following the day on which the copy of the complaint of this case was served to the day of complete payment.” The Defendant received the order of performance recommendation on August 17, 2017. The instant decision of performance recommendation was served on the Plaintiff on August 22, 2017, and was finalized as is September 6, 2017.
[Ground of recognition] Facts without dispute, Gap 1, Eul 1, and the purport of the whole pleadings
2. The parties' assertion
A. The gist of the plaintiff's assertion argues that the non-party A's benefit falls short of the minimum cost of living for three-person households, and that there is no collection amount to be paid to the defendant due to the claim prohibiting seizure under the Civil Execution Act.
(b) Relevant Acts and subordinate statutes 1) Article 246 (1) 4 of the Civil Execution Act. Article 246 (1) 4 and 246 (1) of the same Act shall not be seized
4. half of the wage, pension, salary, bonus, retirement pension and other wage claims of similar nature.