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(영문) 대전지방법원 2012.07.20 2011가단9775 (1)

위탁처리대금

Text

1. The Defendant shall pay 46,679,500 won to the Plaintiff and 20% per annum from March 5, 2011 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On June 30, 2006, the Plaintiff entered into a contract with the Defendant to transfer the food waste reduction project in the development of the LADDD to the Defendant (hereinafter “instant contract”), and entrusted the above reduction project to the Defendant.

B. Article 3(3) of the instant contract provides that “The Defendant shall entirely bear the relevant taxes, such as corporate tax and income tax, arising in connection with the reduction project.”

C. Since then, the Plaintiff and the Defendant agreed on March 31, 2007 regarding the instant contract as follows.

(1) The Defendant bears all of the taxes, including corporate tax, additional tax, additional tax, and additional tax, incurred by the Defendant’s reporting in the name of the Plaintiff, such as data for taxation due to the issuance of the tax invoice and the transactions for reduction in sales, and deposit the expenses for the Defendant’s sales with the Plaintiff immediately after filing a corporate tax return for the relevant year (Paragraph 3) (2).

(Paragraph 4), d.

According to the instant contract, ① entrusted disposal cost in May 2010 is KRW 26,519,940; ② entrusted disposal cost in June 2010 is KRW 8,718,710; and ③ corporate tax for 2010, penalty tax for resident tax, resident tax for 8,787,830, ④ industrial accident for 207, industrial accident for 2007, ⑤ employment, unemployment benefits for 2008, ⑤ employment, unemployment benefits for 2008, 1,346,850, 62,838,120, and unemployment benefits for 2010, and the Defendant deposited the aforementioned amount to the Plaintiff on September 6, 2010.

[Grounds for Recognition: Evidence Nos. 1, 3, Evidence No. 7 through 18 (including each number), Witness B, and the purport of the whole pleadings]

2. According to the above facts of recognition as to the cause of the claim, the defendant shall conclude the contract of this case with the plaintiff.