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(영문) 수원지방법원 2015.08.28 2013가합10645
추심금
Text

1. The defendant shall pay 850,000,000 won to the plaintiff and 20% per annum from May 30, 2013 to the day of complete payment.

Reasons

1. Basic facts

A. B (hereinafter “B”) as of May 20, 2013, based on the following: (a) as of May 20, 2013, KRW 10 cases, including corporate tax, and KRW 1,106,938,780 (including additional charges) were delinquent.

(1) On March 2, 2011, the due date for the payment of corporate tax on March 2, 201; (2) on March 31, 201; (3) on March 31, 201, the due date for the payment of corporate tax; (3) on March 31, 201; (443,732,620 value-added tax on March 31, 201; (4) on March 31, 201, 9,056, 930 value-added tax on March 31, 201; (4) on March 31, 201, 206; (5) on March 31, 2016; and (4) on March 31, 2016; (3) on March 31, 2015; (4) on March 31, 2018; (5) on March 31, 2011;

B. B: (a) on December 31, 2010, the Defendant lent KRW 850,000,000 to the Defendant, setting the due date and granting the loan as the due date.

(hereinafter “instant loan claim”). C.

On April 27, 2012, Article 41(1) of the National Tax Collection Act, the Plaintiff’s head of Ansan Tax Office attached “amount until the Defendant’s default (including increased additional dues and expenses for disposition on default added thereto) among the obligations that the Defendant should pay to B,” and the notice of attachment was served on May 2, 2012 on the Defendant.

(hereinafter “instant attachment disposition”). D.

On March 25, 2013 and April 1, 2013, the Plaintiff urged the Defendant to pay the amount of seized claims pursuant to Article 41(2) of the National Tax Collection Act.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 16, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, the Defendant’s disposition of the instant seizure, barring any special circumstances, shall start from May 30, 2013, on the record, to the Plaintiff, an execution creditor who subrogated B pursuant to Article 41(2) of the National Tax Collection Act, and the date following the delivery of a copy of the instant complaint to the Defendant.

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