logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.04.29 2015가합574718
압류채권 지급청구
Text

1. The Defendant shall pay to the Plaintiff KRW 236,765,580 and the interest rate of KRW 15% per annum from December 18, 2015 to the date of full payment.

Reasons

Facts of recognition

Webs Mediacom Co., Ltd. (hereinafter “Nonindicted Company”) has a total of KRW 560,981,645 sales claim against the Defendant.

On the other hand, the non-party company was delinquent in national taxes since December 2009. On October 18, 2013, the plaintiff seized the amount equivalent to 266,359,430 won in the amount of national taxes in arrears of the non-party company among the sales proceeds claims against the defendant of the non-party company (the total amount of principal tax and additional dues for the tax claim as of October 18, 2013) in accordance with the procedure stipulated in the National Tax Collection Act. The non-party company issued a notice of seizure to the defendant on October 19, 2013. The non-party company paid KRW 29,593,850 to the plaintiff out of the amount in arrears.

On November 11, 2015, the tax amount and additional dues in arrears of the non-party company are 292,775,240 won in total, as shown in the attached Form No. 11, 2015.

[Ground of recognition] According to the above facts of recognition as to Gap evidence Nos. 1, 2, and 3 (including branch numbers) and the purport of the entire pleadings, the defendant is obligated to pay to the plaintiff, who is the execution creditor of the non-party company, the execution creditor of the non-party company, the amount of KRW 236,765,580 pursuant to Article 41(2) of the National Tax Collection Act (=266,359,430 - 29,593,850 won) and damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 18, 2015 to the date of delivery of a copy of the complaint of this case.

The plaintiff's claim of this case is justified and it is so decided as per Disposition.

arrow