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1. Compulsory execution against the Plaintiff by the Defendant based on the Busan High Court Decision 2013Na8960 decided April 16, 2015.
Reasons
1. Basic facts
A. In the case of Busan High Court 2013Na8960 on April 16, 2015, the Defendant revoked the contract between the Plaintiff and the Maritime Construction Co., Ltd. (hereinafter “Maritime Construction Co., Ltd.”), within the limit of KRW 690,317,808 on March 12, 2012, and sentenced the Defendant to the judgment that “the Plaintiff shall pay the Defendant the amount equivalent to 690,317,808 won and damages for delay” (hereinafter “instant judgment”). The judgment became final and conclusive on August 27, 2015.
B. On October 8, 2015, the Plaintiff deposited the remainder after deducting the Plaintiff’s withholding income tax of KRW 99,619,910 (hereinafter “the instant repayment deposit”) from the refund money and delay damages pursuant to the instant judgment by having the deposited person as the Defendant, as set forth in gold No. 2129, 2015, the Busan District Court Branch Branch Branch of the Busan District Court rendered the Defendant, and the Defendant reserved the declaration of partial receipt of the payment and received the said deposit.
[Ground of recognition] Facts without dispute, Gap evidence 6-1 and 2, the purport of the whole pleadings
2. Since the Plaintiff’s cause of the claim falls under the interest that the Defendant shall pay to the Defendant according to the instant judgment, 250 million won out of the amount of compensation for value shall be subject to the income tax (including local income tax; hereinafter the same shall apply) on the ground that the damages for delay falls under other income, which shall be subject to the income tax (including local income tax; hereinafter the same shall apply). The income tax is the total amount of KRW 99,619,910, and the Plaintiff must withhold the above income tax and pay it to the tax authority prior to the payment of the instant judgment to
Accordingly, on October 8, 2015, the Plaintiff paid the above income tax to the tax authority, and deposited the payment deposit in this case, namely, the Defendant as the principal deposit, with the Defendant as the principal deposit, in full, KRW 594,291,333, which deducts the above income tax from the judgment deposit in this case.
Therefore, according to the plaintiff's above income tax withholding and the repayment deposit of this case, the plaintiff's defendant based on the judgment of this case.