In collecting grain for deferred collection, whether it is legitimate in a case where it is filed for a civil action without being subject to a disposition on default.

If a person liable to pay the grain for the Government fails to pay it within the prescribed period, he/she shall be entitled to claim the payment of such grain for civil litigation.

Article 5 of the Grain Management Act, Article 7 of the Grain Management Act

Countries

Defendant

Daegu High Court Decision 66Na566 delivered on February 1, 1967

We reverse the original judgment.

The case shall be remanded to the Daegu High Court.

The grounds of appeal by the plaintiff performer are examined.

According to the reasoning of the judgment below, the court below maintained the judgment of the court of first instance that rejected the lawsuit on the ground that the plaintiff's claim of this case was a claim for the grain for the purpose of Article 5 of the Grain Management Act, so if the person obligated to pay the grain to the Government pursuant to Article 7 of the same Act fails to pay the grain within the specified period, the provision on the disposition on default under the National Tax Collection Act shall apply mutatis mutandis. Thus, the plaintiff's act of collecting it through the disposition on default pursuant to Article 7 of the same Act was defective in the interests of the protection of rights to be recovered through civil litigation, and it was defective in the absence of corrected water. However, according to Article 7 of the Grain Management Act, even if the defendant's property was subject to the disposition on default, it is not a res judicata effect or final binding force as to the contents of the payment that the plaintiff requested against the defendant. Thus, the court below cannot be relieved because it erred by misapprehending the legal principles on the requirements for the protection of rights of the plaintiff's claim on payment.

Therefore, by applying the provisions of Article 406(1) of the Civil Procedure Act, it is so decided as per Disposition by the assent of all participating Justices.

Supreme Court Judge Do-dong (Presiding Judge) Do-dong (Presiding Judge) Do-won Mab-Ba