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The defendant shall pay 415,269,970 won to the plaintiff and 12% per annum from October 15, 2019 to the day of complete payment.
Reasons
1. Basic facts
A. The Plaintiff holds a total of KRW 415,269,970 national tax claim against B as follows.
Ministry of Strategy and Finance No. 164,694,850,850, 2018, 2019.164, 694, 850, 154, 280, 930, 930, 413, 9202, and 87,746, 510, 82, 779, 760, 760, 7666, 7503, and 1st quarter of 2019, the value-added tax for the first quarter of 2018, on April 25, 2019; 2010, 610, 414, 390, 3902, 195, 850, 47, 2018, 205, 2018, 1637, 1967, 2018, 2018
B. At the time of July 15, 2016, the Defendant: (a) prepared and delivered a document of borrowing money with the content that “the Defendant borrowed KRW 540 million from B as interest rate 2%; and (b) due date for payment September 6, 2016 to B; and (c) on December 6, 2016, a document of establishing a right to collateral security (hereinafter “instant right to collateral security”) with respect to the real estate owned by the Defendant, Daegu-gu, Daegu-gun, and three other real estate, the Defendant, as the creditor, the Defendant, and the maximum amount of debt amount of KRW 60 million, was prepared; and (d) on December 21, 2016, the Defendant set up a document of establishing a right to collateral security (hereinafter “instant right to collateral security”) with respect to the said real estate with the content that “the Defendant borrowed KRW 540 million from B as interest rate 2% (hereinafter “instant loan”).
C. On June 3, 2019, the head of Seogu District Tax Office attached the “amount up to the delinquent amount among the instant collateral security claims” to execute national tax claims in arrears B. On June 10, 2019, the said attachment notification was issued to the Defendant, who is the garnishee on June 10, 2019.
On July 8, 2019, the director of the Nam Daegu District Tax Office attached the "amount up to the delinquent amount among the collateral security claims of this case" to execute national tax claims in arrears B, and the above notification of attachment was issued to the defendant, who is the garnishee on July 23, 2019.
E. The Director of the Daegu Regional Tax Office shall notify each of the above seizure.