추심금
1. The defendant (Counterclaim plaintiff) filed by this court shall be dismissed.
2. The following shall be paid among the judgment of the court of first instance.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. C filed a lawsuit against the Defendant, etc. seeking restitution of unjust enrichment. On April 9, 2015, the judgment became final and conclusive that “The Defendant shall pay C the amount calculated by the ratio of KRW 52,728 won per month from June 6, 2013 to KRW 3,450,079 and from KRW 2,659,49 among them; the remainder of KRW 790,580 from December 13, 2013 to May 28, 2014; the amount calculated by the rate of KRW 50% per annum from the next day to the date of complete payment; and the amount calculated by the rate of KRW 20% per annum from June 6, 2013 to the date of complete delivery to KRW 27,33,00 in Seodaemun-gu, Seoul.”
(Seoul Western District Court 2012dan9259, 2014Na3775, Supreme Court 2014Da9089, hereinafter referred to as "the judgment of this case"). (b)
C filed an application against the Defendant for the determination of the amount of litigation costs in accordance with the instant judgment, and the amount of litigation costs that the Defendant is to reimburse to C was determined as KRW 939,098 by the instant judgment.
(Seoul Western District Court 2105Kao270, 2015Ra219). C.
E As the claim claim amounting to KRW 20 million based on the decision in lieu of the final and conclusive conciliation for C, E is against C’s defendant.
With respect to the judgment amounting to five million won, the Seoul Western District Court (2015TTTT806) filed an application for the seizure and collection order to transfer the provisional seizure to the provisional seizure. On July 1, 2015, the above court accepted the application of E, and issued the seizure and collection order (hereinafter “the seizure and collection order”), and around that time, the above claim seizure and collection order were served on the Defendant, the garnishee.
In order to collect national taxes, such as transfer income tax in arrears, the head of Seodaemun District Tax Office attached the claims (collection claims) based on the attachment and collection order against the Defendant under Article 41 of the National Tax Collection Act on September 7, 2016. On September 8, 2016, the notice of attachment of claims was issued to the Defendant.
E. Meanwhile, E is to the Seoul Western District Court on July 4, 2016.