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1. On April 26, 2017, Korea deposited by the Seoul Central District Court No. 2017No. 8621, the amount of KRW 31,967,790.
Reasons
1. Basic facts
A. On November 23, 2006, the Plaintiff entered into a sale-type land trust agreement (hereinafter “instant trust agreement”) with Defendant Spanish Spanish Co., Ltd. (hereinafter “Defendant Company”). Article 34(2) of the said trust agreement provides that “The value-added tax, etc. refunded to the Defendant Company shall be comprehensively transferred to the Plaintiff.”
On March 4, 2009, the Seoul Central District Court 2009Kahap704 (hereinafter “instant provisional disposition order”) rendered on March 9, 2009 the Defendant Company’s right to claim the transfer of value-added tax refund pursuant to the instant trust agreement as the preserved right, and received a decision prohibiting the disposal and the provisional disposition prohibiting the payment of value-added tax credits against the Republic of Korea (hereinafter “instant provisional disposition order”). The said decision was served on Korea on March 9, 200
B. A collection order, seizure, etc. 1) The details of the seizure, etc. of the Defendant Company’s value-added tax refund claim are as follows. On July 7, 2010, Defendant A Seoul Central District Court 2010TTTT 22657 and the collection order of the claim and the seizure of the claim and the collection order of Defendant A, Seoul Central District Court 201, which reached the third obligor’s third obligor, the third obligor, the amount of the claim of the creditor’s claim was revoked on April 28, 201, on August 17, 2010.
3) Korea deposited on November 18, 2010, the distribution procedure was carried out to Defendant Company’s refund of value-added tax for the first period of 2010 portion of value-added tax with the Seoul Central District Court B. Following the said distribution procedure, Defendant A received full repayment of the execution bond of the collection order (Seoul Central District Court 2010 tea 24529, loan payment order in Seoul Central District Court 2010).
C. On April 26, 2017, the Republic of Korea’s mixed deposits in the Republic of Korea (Jurisdiction) held on April 26, 2011, 967,790 won or less of the value-added tax refund for the first term of 2009 against the Defendant Company.