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(영문) 서울중앙지방법원 2017.03.29 2015가단199141
구상금
Text

1. The Plaintiff:

A. Defendant B shall complete the payment of KRW 49,426,430 and KRW 29,774,960 among them from April 17, 2015.

Reasons

1. Facts of recognition;

A. On November 13, 2007, Defendant A entered into an insurance contract with the Plaintiff for permission for payment by annual installments of inheritance tax and gift tax (hereinafter “instant insurance contract”) with the Plaintiff on November 13, 2007, under which the insurance period from October 7, 2007 to November 5, 2010 was stipulated as the insurance period (hereinafter “instant insurance contract”). Defendant A obtained permission for payment by annual installments of inheritance tax from Samsung Tax Office as security for the said insurance contract.

B. At the time, Defendant A agreed to pay the insurance money in addition to the interest rate publicly notified by the Plaintiff from the day following the payment date, and Defendant B jointly and severally guaranteed Defendant A’s obligation under the instant insurance contract against the Plaintiff.

C. Defendant A did not pay inheritance tax and filed a claim with the Plaintiff for the payment of insurance proceeds. On November 16, 2010, the Plaintiff paid the insurance proceeds of KRW 29,774,960 to Samsung Tax Division.

The interest rate announced by the Plaintiff is 19% per annum from November 17, 2010 to December 31, 2010, 9% per annum from the next day to February 14, 201, and 15% per annum from the next day to December 31, 201.

[Ground of recognition] Defendant A: In the Defendant’s written reply dated May 14, 2015, the Defendant acknowledged the fact that the Defendant concluded an insurance contract with the Plaintiff stating that “after the husband’s death, Defendant A received an insurance policy from the Plaintiff and submitted it to the Samsung Tax Office with respect to the inheritance tax and gift tax imposed on Defendant A by annual payment from the Samsung Tax Office after the husband’s death,” and that “I do not have any way to conclude an insurance contract with the Plaintiff and there was no fact that the Plaintiff filed an application for annual payment in the Samsung Tax Office’s written reply from October 13, 2015.” The purport of recognizing all facts in the Defendant’s husband’s husband’s death, and the inheritance tax imposed on Defendant A from Samsung Tax Office.

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