손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
purport.
In the judgment of this court, the plaintiff's claim that the plaintiff shall pay the plaintiff the tax amount of KRW 33,206,610 borne by the plaintiff in the first instance trial and the delay damages therefrom in accordance with the agreement on the operation of the business (the first instance court stated that the plaintiff's claim as to this part is about KRW 47,917,917,356, which is about 40% of the defendant's profit accrued in the operation of the business and about KRW 19,923,966, which is about 60% of the tax borne by the plaintiff, and about KRW 60,604,547, the total amount of each of the above money exceeds the claimed amount of KRW 33,206,610, which is above 610, which is above 60,000, and it is reasonable to view that the plaintiff's claim for the return of the remaining amount of KRW 33,206,610 from the first instance trial to the plaintiff.
In this regard, only the plaintiff appealed the part of the claim as stated in the port, so this Court's decision is limited to the part of the plaintiff's appeal.
On December 15, 2008, the Plaintiff registered its business with the trade name "C", and closed the said business on November 2, 2010.
Value-added tax imposed on the Plaintiff 30,537,590 won, global income tax 1,894,810 won, total of 32,432,400 won, total of local income tax and additional dues in 2009, total of 90,340 won, and total of 9,130 won of local income tax and additional dues in 2010.
The Plaintiff paid 42,120 won for long-term care insurance premiums from December 2009, and 542,620 won for long-term care insurance premiums from January 201 to November 2010.
The defendant runs the steel structure construction and the prefabricated-type housing construction business in the name of "D" on December 26, 2008 in the name of "W" of the defendant.