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(영문) 수원지방법원 2014.10.16 2013가합17318
추심금
Text

1. The Defendant shall pay to the Plaintiff KRW 7,273,708,040 as well as 20% per annum from August 21, 2013 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff’s right to claim for the Plaintiff’s mining (hereinafter “SPP”) is liable to pay corporate tax of KRW 4,781,922,270, value-added tax of KRW 2,491,785,770, and KRW 7,273,708,040, which is the due date for payment against the Plaintiff on December 31, 2012.

B. Although SPPPP was implemented on August 29, 2007, the Defendant acquired business rights from SPPPP to the Defendant, the Defendant issued 3,273,263,816 won in return for transfer of enforcement rights and performance of services, and 5,000,000 won in return for business rights to remaining multi-family housing, and managed the amount notified by the Defendant as a third debtor until the contract takes effect by the time when the contract takes effect (10,357,854,194 won) and interest related thereto by the method prescribed by the Defendant (i.e., SP account or similar method). (ii) The Defendant issued a promissory note to the Defendant as a third debtor in accordance with the above agreement by paying the provisional attachment amount, etc. to the third debtor, and the Defendant issued and managed the promissory note to the APPP on August 29, 2007.

C. On March 4, 2013, the Plaintiff’s seizure and collection claim No. 1) notified the Defendant that the amount (including an increased surcharge and expenses for disposition on default added thereto) up to the time of national tax delinquency (including an increased surcharge and expenses for disposition on default added thereto) out of the Plaintiff’s business takeover bonds against the Defendant, using the Plaintiff’s claim for taxation on the Plaintiff’s royalty as the enforcement claim, was seized and served to the Defendant on March 7, 2013 (hereinafter “instant attachment disposition”).

(2) On March 4, 2013, May 21, 2013, the Republic of Korea urged the Defendant to pay the amount above.

[Reasons for Recognition]

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