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(영문) 대구지방법원 2017.02.03 2016가합208321
추심금
Text

1. The Defendant shall pay to the Plaintiff KRW 222,705,750 and the interest rate of KRW 15% per annum from December 6, 2016 to the date of full payment.

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 price of KRW 750,000,000 to 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 price to the Defendant Company within the amount of delinquent taxes. However, the Defendant Company did not comply with the claim.

Therefore, when the head of a tax office seizes a claim, he/she must notify the debtor of the relevant claim (hereinafter “third debtor”).

(2) Upon notification as referred to in paragraph (1), the head of a tax office shall subrogate the obligee who is a delinquent taxpayer within the amount in arrears.

Accordingly, the defendant company is obligated to pay to the plaintiff 22,705,750 won, which is the delinquent amount of the construction payment of the above company, among the construction payment of the construction payment to Korea Construction Bank Co., Ltd., and damages for delay calculated by the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from December 6, 2016 to the date of full payment, as the plaintiff seeks.

2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);

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