beta
Text
1. As to the Plaintiff’s KRW 10 million and its KRW 80 million from February 2, 2013, and KRW 20 million from the Defendant’s KRW 20 million.
Reasons
1. Basic facts
A. On June 201, the Plaintiff entered into a delegation contract with the Defendant, an attorney-at-law, to pay KRW 100 million to the Defendant when the Plaintiff is charged with non-prosecution disposition (hereinafter “instant delegation contract”), and the Seoul Dong District Prosecutors’ Office paid KRW 100 million to the Defendant on March 13, 2012, with respect to the instant criminal case on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation), etc. of the Seoul Dong District Prosecutors’ Office 2012-type 7739, etc. of the Seoul Dong District Prosecutors’ Office (hereinafter “instant delegation contract”).
B. On August 23, 2012, the Defendant filed an application with the Plaintiff for a payment order claiming the amount of KRW 100 million with this court (hereinafter referred to as “instant payment order”), and the payment order (hereinafter referred to as “instant payment order”) dated September 14, 2012 was finalized on October 13, 2012, stating that “The Plaintiff shall pay the Defendant the contingent remuneration amount of KRW 100 million (hereinafter referred to as “the contingent remuneration”) and the amount calculated by the rate of 5% per annum from March 14, 2012 to the date of delivery of the duplicate of the application for payment order, and the amount calculated by the rate of 20% per annum from the next day to the date of full payment.”
C. On December 10, 2012, the Republic of Korea (the head of the competent tax office) attached claims up to the above delinquent amount out of the contingent fees that the Plaintiff would pay to the Defendant under the instant payment order (hereinafter “instant attachment”) to compensate for national tax claims, such as gift tax, global income tax, transfer income tax, etc., which the Defendant had defaulted, and notified the original and the Defendant of attachment.
Afterward, the Plaintiff transferred to the Defendant the amount of KRW 80 million on February 1, 2013, and KRW 20 million on February 8, 2013, to each Defendant’s City Bank Account (C).
E. The Republic of Korea (the Director of the Regional Tax Office of the Republic of Korea) shall not later than March 25, 2013 to the Plaintiff.