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(영문) 서울중앙지방법원 2016.05.31 2014가합586707

기타(금전)

Text

1. The Plaintiff, Defendant A, and the National Health Insurance Corporation, Inc., Ltd.: 11011-0087.

Reasons

1. Basic facts

A. The Plaintiff has a total of KRW 216,538,670, including value-added tax, wage and salary income tax, etc. accrued from March 31, 2013 to December 31, 2013 against Defendant A (hereinafter “Defendant A”).

B. On September 14, 2010, Defendant A entered into a lease agreement (hereinafter “instant lease agreement”) setting the lease term from November 10, 2010 to November 9, 2015 with respect to the building owned by Swiftships, respectively, as KRW 450 million, and monthly rent of KRW 38 million (hereinafter “instant lease agreement”).

C. On February 13, 2013, Defendant A transferred the claim for the refund of deposit amounting to KRW 450 million under the instant lease agreement against the Defendant A to the Future Savings Bank, Inc. (hereinafter “Smi Savings Bank”), and the future Savings Bank notified the Defendant A of the said transfer on behalf of the Defendant A on August 8, 2013.

The Defendant National Health Insurance Corporation (hereinafter referred to as the “Defendant Corporation”) was notified on April 4, 2014 that it seized a claim to return a deposit under the instant lease agreement in order to collect Defendant A’s delinquent social insurance premium claims, and the Plaintiff (competent in charge) seized the claim to return the deposit in order to collect Defendant A’s delinquent national tax claims. The notification was received on March 18, 2014 and April 7, 2014. < Amended by Act No. 12483, Apr. 7, 2014>

E. According to the termination of the instant lease agreement with Defendant A, Swiftships shall return KRW 181,921,336, which is the balance after deducting damages, etc. in connection with the lease agreement, from among the claims to return deposit, to Defendant A. However, on the ground that there exists a non-assignment agreement on the instant lease agreement, and the real obligee cannot be known, such as the seizure of the above claim to return deposit by the Defendant Corporation and the distribution office, and the seizure of the above claim to return deposit by the Seoul Regional Tax Office, etc.