기타(금전)
1. The Defendant shall pay to the Plaintiff KRW 47,614,970 and the interest rate of KRW 15% per annum from August 17, 2016 to the day of complete payment.
1. Basic facts
A. On July 26, 2007, the Defendant concluded a sales contract with the Plaintiff’s agent to sell D, E, F, G, and H sites in the amount of KRW 600,000 in the purchase price (hereinafter “instant sales contract”), and agreed that capital gains tax and local income tax due to the said sales contract shall be paid by the Defendant.
B. On August 11, 2008, the Pakistan imposed capital gains tax of KRW 72,406,410 and local income tax of KRW 7,093,80 on the Plaintiff according to the instant sales contract.
C. The Plaintiff received partial payment of capital gains tax, local income tax, etc. from the Defendant on November 6, 2008, KRW 50,000,000, KRW 2,000,00 on December 31, 2008, and KRW 3,000,00 on April 17, 2009.
Afterwards, additional charges, etc. were imposed on capital gains tax and local income tax, and in the case of international compulsory auction for real estate owned by the plaintiff, 42,281,490 won was distributed to the Korean Government District Court, and as of October 14, 2016, capital gains tax of 5,454,150 won remains.
[Reasons for Recognition] Facts without dispute, Gap 1, 2, 5 through 9, Eul 1 and 2 (including branch numbers), response to an order to submit tax information to the Director of the Pakistan of this Court, the purport of the whole pleadings
2. According to the above facts of determination, since the defendant agreed to pay the capital gains tax and local income tax imposed on the plaintiff in connection with the instant sales contract, the defendant is obligated to pay to the plaintiff 47,614,970 won (the capital gains tax remaining KRW 42,281,490 (the capital gains tax remaining KRW 5,454,150 that is paid to the plaintiff in the real estate compulsory auction procedure) and the damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 17, 2016 to the date of full payment, which is the day following the delivery of the original copy of the instant payment order.
As to this, the defendant raised objection to the plaintiff.