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(영문) 대전지방법원 천안지원 2018.08.29 2018가단106582
구상금
Text

1. The Defendant’s KRW 39,700,920 as well as the Plaintiff’s annual rate of 5% from January 10, 2018 to June 18, 2018.

Reasons

1. Determination on the cause of the claim

A. Fact-finding 1) The Defendant filed a lawsuit against the Plaintiff for the claim for the amount of settlement under the judgment of the court of first instance with the Daejeon District Court Branch 2015Gahap101378. On August 18, 2017, the Daejeon District Court rendered a judgment that “the Plaintiff shall pay to the Defendant 357,417,262 won and the amount calculated at the rate of 6% per annum from June 11, 2015 to August 18, 2017 and 15% per annum from the next day to the date of full payment” (hereinafter “the first judgment”).

(2) After the judgment of the court of first instance was rendered, the Plaintiff rendered a judgment. On September 28, 2017 and September 29, 2017, the sum of the principal and damages for delay based on the judgment of the court of first instance to the Defendant and KRW 410,442,316 (hereinafter “judgment money”).

(2) The National Tax Service notified the Plaintiff, a withholding agent, to pay KRW 39,70,920,00 to the Plaintiff on the ground that the judgment amount received by the Defendant from the Plaintiff constitutes other income.

On January 9, 2018, the Plaintiff paid KRW 39,700,920 to the National Tax Service for the withholding of other income tax on the judgment money.

3) The Plaintiff and the Defendant were dissatisfied with the judgment of the court of first instance and appealed as the Daejeon High Court 2017Na14060. On March 7, 2018, the Daejeon High Court rendered a decision to recommend reconciliation (hereinafter “decision to recommend reconciliation of this case”) including the following matters.

AB made it.

1. The Plaintiff shall pay KRW 410,442,316 to the Defendant; however, the payment of KRW 410,442,316 to the Plaintiff, after the judgment of the first instance of this case, shall substitute for the payment of principal and interest paid by the Plaintiff as provisional payment

3. The plaintiff does not require the defendant to settle all expenses, such as taxes and public charges, which will be incurred in the future due to the transfer of each real estate listed in the attached Table 2 list.

The Plaintiff and the Defendant did not raise an objection against the decision of recommending reconciliation of this case, and the decision of recommending reconciliation of this case became final and conclusive as is.

B. The above facts of recognition are examined.

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