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(영문) 서울중앙지방법원 2016.10.07 2016가합501267
부당이득반환 청구
Text

1. The Defendant’s KRW 1,270,204,760 as well as 5% per annum from February 25, 2006 to January 27, 2016 to the Plaintiff.

Reasons

. The distribution has been completed;

76,027,50 won, 76,027,50 won, 76,00 won, 76,027,50 won, 365,164,460 won, 349,905,090 won, 332,132,582,760 won, 165,070,010 won, 28,020,000 won, 27,68,97,97,400 won, 6,06, 272,536 won, and (b) 7,03,07,000 won, 7,035,000 won, and 27,57,000 won, 27,036,57,000 won, and 536,05,00 won, and 37,536,07,05,00 won, and 368,05,0,36, of the amount of joint surety.

(ii) Claim for accrued construction costs and ② KRW 965,917,808 [the principal = interest of KRW 800,000,000 from January 30, 2004 to February 24, 2006] 1,270,242,976 in total [the interest of KRW 165,917,80 (0,000 x 0.1 x 757/365];

(1) The head of a tax office shall distribute the following money pursuant to the provisions of Article 81 of the former National Tax Collection Act.

Provided, That when the provisions of the proviso of Article 61 (1) or the provisions of Article 62 (2) are applied, the Korea Asset Management Corporation may act on its behalf, and the distribution of money in such case shall be considered as having been done by the

2. The money received from the defaulted taxpayer or the third obligor due to the attachment of claims, securities or intangible property rights, etc.;

3. The proceeds from sale of the attached property and deposit interest thereof, and the money under Article 81 (Distribution Method) (1) 2 and 3 shall be allocated to any of the following national taxes, additional dues and disposition fees for arrears and other claims:

1. National taxes, additional dues and disposition fees for arrears related to attachment;

2. National taxes, additional dues, disposition fee for arrears, local taxes or public imposts;

3. Claims secured by the right of lease on deposit basis, the pledge right or the mortgage related to the attached property.

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