Title
The director of the tax office shall subrogate the obligee who is a delinquent taxpayer within the amount in arrears.
Summary
If the attachment of the defaulted taxpayer's claims has notified the third obligor of such attachment, it may be collected in subrogation of the obligee who is the defaulted taxpayer within the limit of the delinquent amount.
Related statutes
Article 41 (Procedures for Attachment of Claims)
Cases
2016 Gohap 208321 Collection Money
Plaintiff
Korea
Defendant
○○○ Co., Ltd.
Conclusion of Pleadings
Pleadings without Oral Proceedings
Imposition of Judgment
February 3, 2017
Text
1. The defendant shall pay to the plaintiff KRW 22,705,750 as well as to the day of complete payment from December 6, 2016 to the day of complete payment.
15% of the annual interest rate shall be paid.
2. The costs of the lawsuit are assessed against the defendant.
3. Paragraph 1 can be provisionally executed.
Cheong-gu Office
The same shall apply to the order.
Reasons
1. As of June 2016, Korea Construction Bank Co., Ltd. failed to pay the value-added tax and corporate tax of KRW 222,705,750, and the Plaintiff (the director of the competent tax office of the competent tax office) attached the claim for the construction cost of KRW 750 million against the Defendant Company to collect delinquent taxes on June 8, 2016, and notified the Defendant Company of the attachment of the claim on the same day. On November 15, 2016, the Defendant Company requested and notified that the Plaintiff pay the said construction cost to the Defendant Company within the amount of delinquent taxes. However, the Defendant Company did not comply with the claim.
Therefore, pursuant to Article 41(2) and (1) of the National Tax Collection Act, the Plaintiff subrogated to the Defendant Company’s claim for the construction payment to the extent of the delinquent amount of the said Company’s delinquent amount. As such, the Defendant Company is obligated to pay to the Plaintiff the amount of the construction payment for 22,705,750 won, which is the delinquent amount of the said Company among the construction payment for us, and damages for delay calculated at the rate of 15% per annum from December 6, 2016 to the date of full payment, which is the day following the delivery date of a copy of the instant complaint, as the Plaintiff seeks.
2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);