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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Around February 2008, when the Plaintiff purchased a vehicle for business use in the Plaintiff’s name and made the Defendant operate the transportation business using the said vehicle (hereinafter “instant agreement”), the Plaintiff agreed that the Defendant will carry on the transportation business using the said vehicle and bear all kinds of taxes to be imposed on the Plaintiff in relation to the said transportation business (hereinafter “instant agreement”). According to the said agreement, the Plaintiff purchased the vehicle C in the Plaintiff’s name (hereinafter “instant vehicle”) and completed the registration of the transportation business on March 5, 2008 “D”.
However, the Defendant did not pay global income tax, etc. imposed on the Plaintiff in 2012 with respect to transportation business operated by using the instant vehicle. Accordingly, the Plaintiff, on behalf of the Defendant, did not pay global income tax in July 29, 2016 as global income tax (tax on global income for the year 2012), KRW 473,860, global income tax for the year 2012, global income tax for the year 2017, KRW 2,875,680, global income tax for the same year.
9. 8. 8. Gold KRW 17,400, and KRW 5,440,770,00 in total, KRW 2,073,830 on February 26, 2018 (= KRW 473,860 in total, KRW 2,875,680 in total, KRW 17,400 in total, KRW 2,073,830 in total, and KRW 2,830 in total; hereinafter “the instant money”).
Therefore, the Defendant is obligated to pay the Plaintiff the instant money and damages for delay pursuant to the instant agreement.
2. As to the determination, the Defendant did not conclude the instant agreement with the Plaintiff, and the Defendant purchased the instant vehicle from E (the husband and the Defendant’s birth, who is the Plaintiff’s birth) on July 16, 2012, from KRW 80,000,00,000. On the same day, the Defendant completed business registration with the trade name “G” and is engaged in transportation business, and thereafter is paying taxes to the Defendant starting around that time. In light of the following facts and circumstances, the evidence submitted by the Plaintiff alone can be recognized by adding the overall purport of the pleadings to the written evidence Nos. 1, 3 through 10, and evidence No. 1.