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(영문) 의정부지방법원 고양지원 2018.10.05 2017가단91987
추심금
Text

1. The Defendant’s KRW 50,000,000 as well as the Plaintiff’s annual rate of KRW 6% from November 23, 2017 to October 5, 2018.

Reasons

In fact, on April 4, 2016, E.S. A. integrated construction company (hereinafter “E.S. comprehensive construction company”) entered into a contract with the Defendant on April 4, 2016 under which the contractor entered into a contract with the contractor E.S. contract with the contractor for the construction of new factories located in the 115-3 main contractor E.S. with the contractor for the construction cost of KRW 150,70 million (including value-added tax) for the construction cost of the new factories located in the 115-3 main contractor E.S.

(hereinafter “instant contract”). During the period from May 2, 2016 to June 7, 2016, the Defendant paid KRW 80 million in total among the construction cost under the instant contract to Es. and C.

Plaintiff

In order to collect 610,697,190 won of national taxes in arrears at the time E.S. C. and C. In accordance with Article 41(1) and (2) of the National Tax Collection Act, on August 31, 2017, the director of the tax office of the P.S. attached the amount until the amount of national taxes in arrears among the construction cost claims against E.S. and C., and on September 4, 2017, notified the Defendant of the seizure of the said claim.

(hereinafter “instant attachment notification”). The chief of the Pakistan notified the Defendant of the payment of the construction cost claim attached to the Defendant on September 7, 2017 and September 22, 2017.

Es. At the time of filing the instant lawsuit, Es. 611,539,640 won in total, including corporate tax and value-added tax, were delinquent.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, and the plaintiff's assertion of the purport of the whole argument by the parties concerned was notified of the seizure of this case in accordance with the procedure for disposition on default under the National Tax Collection Act. Thus, the defendant is obligated to pay the plaintiff the remaining construction cost under the contract of this case (i.e., the agreed construction cost of KRW 150,700,000) to the plaintiff (i.e., the agreed construction cost of KRW 80 million).

Defendant entered into the instant contract with E.S. and paid KRW 80 million in advance, but thereafter.

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