beta
Text
1. The Defendants amounting to KRW 148,518,040 for the Plaintiff and KRW 5% per annum from March 4, 2016 to December 12, 2016.
Reasons
1. Facts of recognition;
A. The Plaintiff’s national tax claim C was delinquent in capital gains tax of KRW 148,518,040 as of November 13, 2016 (including additional charges).
B. C’s sales price claim 1) C on January 14, 2015, with the Defendants on the Felel D and E (hereinafter “instant cartel”)
(2) The sales price shall be KRW 1.3 billion, and the down payment shall be KRW 20 million shall be paid on the date of a contract, KRW 780 million loans to a national bank, KRW 200 million shall be succeeded to by the buyer, and the intermediate payment of KRW 280 million shall be paid on February 2, 2015, and the remainder of KRW 20 million shall be paid on February 27, 2015, and sale (hereinafter “sale in this case”).
(2) The Defendants paid C the down payment of KRW 20 million on January 14, 2015, and succeeded to KRW 150 million on February 27, 2015, KRW 70 million on March 26, 2015, KRW 20 million on May 29, 2015, KRW 130 million on September 23, 2015.
Ultimately, the Defendants paid KRW 1.143 billion out of the total amount of KRW 1.3 billion (i.e., KRW 150 million in the total amount of KRW 70 million in the total amount of KRW 20 million).
C. In order to collect the above national tax in arrears by G, the Plaintiff seized the above sales price claim against the Defendants on February 29, 2016 pursuant to Article 41(1) of the National Tax Collection Act, and notified the Defendants of seizure on March 2, 2016. On March 3, 2016, the above notification of seizure was served on the Defendants. (ii) The Plaintiff sent the Defendants a peremptory notice demanding payment of the amount of delinquent local taxes by September 16, 2016 to the Defendants, and sent the notice demanding payment of the amount of delinquent local taxes by September 5, 2016. (iii) On September 22, 2016, the Plaintiff sent the notice demanding payment by September 30, 2016.
[Ground of recognition] Facts without dispute, Gap 1 through 8, Eul 4 through 9, purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the plaintiff's disposition on default is based on the disposition on default.