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1. On January 22, 2015, Nonparty B deposited with the Suwon District Court No. 808 in the year 2015, 105,748, out of KRW 200,000,000.
Reasons
1. Basic facts
A. On March 30, 2010, the Plaintiff loaned KRW 90,000,00 to Defendant A at 24 months of loan, agreed interest rate of KRW 8.13%, and delay compensation rate of KRW 18.13%.
B. On March 30, 2010, the Plaintiff, as a creditor against Defendant A, received the lease deposit claim of KRW 200 million against Nonparty B from Defendant A, and B obtained the fixed date of the notary office C office from a notary public on April 23, 2010 and accepted the transfer of the above claim without any objection.
C. The Kanchian seized the above lease deposit claim against Defendant A on the ground that Defendant A had a tax claim of KRW 239,893,880 against Defendant A, and the above attachment notice reached B on August 7, 2013.
B On January 22, 2015, the Suwon District Court rendered a concurrent deposit of KRW 200,000,000 to the Plaintiff and the Defendant as the principal deposit on the grounds of the existence of creditors and the seizure of claims, etc. (hereinafter referred to as “instant deposit”) by the Suwon District Court No. 808 in 2015.
【Defendant A’s ground for recognition: Judgment by public notice (Article 208(3)3 of the Civil Procedure Act) (Article 208(3) of the Civil Procedure Act): Defendant Republic of Korea: The absence of dispute, each entry of evidence A1 through 7,
2. According to the facts of the determination as to the cause of the claim, the disposition of default on the obligation to collect arrears against Defendant A is effective since all of the claims for the lease deposit in this case against Defendant A were transferred and all of the claims for the lease deposit in this case were met, and therefore, the seizure is invalid. Accordingly, among the deposit in this case, the Plaintiff’s claim for the payment of the deposit amount of KRW 105,748,318, and the amount of KRW 90,000,000, calculated at the rate of 18% per annum from June 30, 2015 to the date of full payment, and the Plaintiff’s claim for the payment of the deposit amount of KRW 18% per annum from June 30, 2015, and the Plaintiff’s claim for the payment of
3. Judgment on the assertion by Defendant Republic of Korea
A. Defendant Republic of Korea’s taxation claims are: Article 35 of the Framework Act on National Taxes.