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(영문) 창원지방법원 마산지원 2015. 11. 13. 선고 2015가합100457 판결
피고는 원고가 압류한 채권을 원고에게 지급할 의무가 있음[일부국승]
Title

The defendant is obligated to pay the claims attached to the plaintiff to the plaintiff.

Summary

The plaintiff seized the non-party's winning claim against the defendant against the non-party in arrears pursuant to Article 41 of the National Tax Collection Act as a result of the non-party's default of national taxes, and upon the seizure, demanded the defendant to perform the obligation equivalent to the amount in arrears, but failed to comply with this request

Related statutes

Article 41 (Procedures for Attachment of Claims)

Cases

2015 Gohap10457 Collection

Plaintiff

Korea

Defendant

AAAAAAA

Conclusion of Pleadings

Pleadings without Oral Proceedings

Imposition of Judgment

November 13, 2015

Text

1. The Defendant shall pay to the Plaintiff ○○○○○ and its members with 20% interest per annum from October 24, 2014 to September 30, 2015; 15% interest per annum from the next day to the day of full payment; 5% interest per annum from October 24, 2014 to October 5, 2015 to the day of full payment; 20% interest per annum from the next day to September 30, 2015 to the day of full payment; and 15% interest per annum from the next day to the day of full payment.

2. The plaintiff's remaining claims are dismissed.

3. The costs of lawsuit shall be borne by the defendant.

4. Paragraph 1 can be provisionally executed.

Cheong-gu Office

The defendant shall pay to the plaintiff ○○○○ and its members with 20% interest per annum from October 24, 2014 to the day of full payment; 78,880,249 won with 5% interest per annum from October 24, 2014 to the day of delivery of a copy of the complaint in this case; and 20% interest per annum from the next day to the day of full payment.

Reasons

1. Indication of claim;

The grounds for the attachment, the grounds for the amendment of the claim(based on calculation) shall be as specified in the attached Table.

2. Grounds for recognition;

A judgment without pleading (Articles 208(3)1 and 257(1) of the Civil Procedure Act)

3. Part concerning partial dismissal.

A. Pursuant to the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Etc. (amended by Presidential Decree No. 26553, Sept. 25, 2015) and enforced October 1, 2015, the part claiming damages for delay exceeding 15% per annum among the parts claiming damages for delay calculated at the rate of 15% per annum from October 1, 2015 to the date of full payment is dismissed.

B. The Plaintiff filed a claim for damages for delay with respect to ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ on September 23, 2015. As such, the Plaintiff’s claim for damages for delay calculated at the rate of 20% per annum pursuant to the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the day after the duplicate of the complaint of this case was served to the day after September 23, 2015, which exceeds the amount of damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act, by October 5, 2015, the day when the duplicate of the claim for

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