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Reasons
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(영문) 인천지방법원 2017.10.31 2017나834
약정금
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1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked and above.

Reasons

1. Facts of recognition;

A. On February 20, 2006, A entered into a contract to sell KRW 110,000,000 to the Defendant of the Jung-gu Incheon E Underground laundry (hereinafter “instant laundry”) (hereinafter “instant contract”).

B. Upon entering into the instant contract, A and the Defendant agreed that the name of the instant laundryman A shall be the name of the instant laundryman, and that all taxes related to the operation of the said laundry after the transfer date shall be borne by the Defendant (hereinafter “instant agreement”).

C. The Defendant operated the instant laundry from February 20, 2006 to July 5, 201, and closed the said laundry on July 5, 201.

On the other hand, on May 7, 2013, in relation to the laundry of this case, the Incheon Tax Office notified A of the imposition of value-added tax of KRW 10,845,029 due to the omission of the sales amount of KRW 49,810,00 in 209 with the hotel New Airport, KRW 31,913,00, KRW 313,913,913,000, KRW 300, KRW 2010, KRW 2010, KRW 300, KRW 305,000, and KRW 30,985,00, KRW 200, KRW 31,913,000, KRW 31,913,00, KRW 2010, KRW 3000, KRW 2010, KRW 303,000, KRW 308,308,005.

E. On February 3, 2015, the Defendant prepared a certificate of certification of fact (Evidence A 2; hereinafter referred to as the “certificate of confirmation”) stating that “The Defendant acquired and operated the instant laundry on February 20, 2006, and confirmed that all taxes related to the instant laundry, etc. related to the business registration, passbook transaction, money transaction, customer management, and the instant laundry, etc., under the name of A due to the bidding relationship between the Incheon Airport Corporation, would be responsible for the Defendant, and that the said business was operated by July 5, 2011.”

F. On October 19, 2016, the amount in arrears of value-added tax due to the omission of sales as of October 19, 2016 pertaining to the instant laundry is KRW 52,829,330, including additional dues.

G. A died on December 15, 2015 while the instant lawsuit was pending, and A’s property was located.

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