추심금
1. The Defendant shall pay to the Plaintiff KRW 49,00,000 and the interest rate of KRW 15% per annum from November 1, 2017 to the date of complete payment.
1. In full view of the purport of the entire pleadings in each of the statements in Gap evidence Nos. 1 and 7, it is recognized that the facts as stated in the reasons for the claim are the same.
2. The effect of the seizure of claims under Article 41 of the National Tax Collection Act prohibits all acts of disposal, such as repayment, collection, etc., against the creditor and debtor of the seized claims, and makes collection on behalf of the debtor in arrears. Thus, the garnishee cannot repay the attached claims to the debtor in arrears, and only can it be performed only to the country where the collection right holder is the debtor.
(See Supreme Court Decision 9Da3686 delivered on May 14, 1999. According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 49,000,000 collected and the damages for delay calculated at the rate of 15% per annum from November 1, 2017 to the day of full payment, which is the day following the delivery of a copy of the complaint.
3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.