logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2014.05.14 2013가합107339
추심금
Text

1. The Defendant’s KRW 38,00,000, and the Plaintiff’s annual rate of KRW 5% from March 29, 2014 to May 14, 2014.

Reasons

1. The facts following the premise facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in the entries in Gap evidence Nos. 1, 3, and 4-1, 2, and 5-11.

B lent to the Defendant the sum of KRW 85,00,000, KRW 6,600,000 on February 5, 2009, KRW 25,000,00 on May 8, 2009, KRW 49,30,000 on May 15, 2009, and KRW 85,00,000 on May 222, 2009.

On the other hand, B paid the Defendant KRW 40,000,000 as a check separately on February 5, 2009.

On May 6, 2009, the Defendant purchased from C the Songpa-gu Seoul District Court No. 1 (hereinafter “instant real estate”). B transferred KRW 100,000,000 on May 6, 2009 to the account under C’s name (Korean bank E) and KRW 100,000,000 on May 19, 2009.

On May 22, 2009, the Defendant completed the provisional registration of the right to claim ownership transfer on May 20, 2009 (hereinafter “instant provisional registration”) with respect to the instant real estate on May 22, 2009.

B on December 11, 2009, the provisional registration of the instant case No. 1 was cancelled, and the Defendant, again on November 17, 2010, completed the provisional registration of the right to claim ownership transfer (hereinafter “instant provisional registration”) on the same day with respect to the instant real estate to B on the same day.

B was delinquent in national taxes of KRW 214,67,240 as of June 1, 201 and the additional dues of KRW 75,029,69,696,340 for capital gains tax as of KRW 214,667,240 and its additional dues. However, the Plaintiff was aware that the delinquent taxpayer B had a claim for ownership transfer registration or a claim for return of loan against the Defendant under Article 41 of the National Tax Collection Act and that “the Defendant was liable on June 19, 2013” in relation to the provisional registration No. 2 of this case, if the purchase and sale contract and the claim for ownership transfer registration against B against the Defendant is terminated due to invalidation or cancellation or cancellation of the contract, or if the provisional registration No. 2 of this case is a provisional registration for security, B is a claim for return of loan.

arrow