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(영문) 울산지방법원 2020.11.05 2019가합14703
청구이의
Text

The defendant's KRW 282,320,031 as well as 5% per annum from September 24, 2019 to November 5, 2020 to the plaintiff.

Reasons

1. Basic facts

A. On December 20, 2018, the Defendant filed a lawsuit against the Plaintiff seeking payment of the sum of KRW 1,477,00,000 based on a loan agreement, etc. between the Plaintiff and the Defendant on September 24, 2015, and the loan agreement, etc. on February 20, 2016, with the Ulsan District Court 2017Ga25372, and the Defendant rendered a judgment dismissing the Plaintiff’s appeal with respect to KRW 1,477,00,000 from September 1, 2017 to KRW 1,356,00,000 among the Plaintiff and the Defendant, and with respect to KRW 1,356,00,000,000 from September 21, 2017 to June 29, 2018, the lower court determined that the Plaintiff’s annual provisional execution had become final and conclusive from June 29, 2018 to June 16, 2016.

(hereinafter “Prior Judgment”). B.

The Plaintiff: (a) deemed KRW 112,425,369 as interest income; (b) the sum of KRW 1,477,00,00 as interest income; (c) the principal amount of KRW 1,477,00,00 as non-business proceeds; and (d) the sum of KRW 112,425,369 calculated annually from the initial date to December 20, 2018; and (c) the respective income tax rate of KRW 25%; (d) the principal amount of KRW 1,47,00,00 as interest income; and (e) the Defendant reserved KRW 126,253,149 as income; and (e) the Defendant’s deposit KRW 208,256,285,2965,27,298,57,209, which was calculated annually from December 21, 2018 to July 16, 2019; and (e) the Defendant reserved KRW 26365,2965,2065,265,25,295.

C. On July 17, 2019, the Plaintiff paid the said withholding amount to the Dongsan Tax Office and the Jung-gu Office in Ulsan Metropolitan City.

The defendant.

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