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(영문) 서울북부지방법원 2018.05.30 2017가단102751
손해배상(기)
Text

1. The Defendants jointly share KRW 34,941,40 and interest rate of KRW 15% per annum from March 9, 2017 to the date of full payment.

Reasons

1. In full view of the statements in Gap evidence Nos. 1 through 5 of the judgment as to the cause of the claim, and the whole purport of the pleadings as a result of this court’s order to submit taxation information, the Defendants promised not to cause harm to business and borrowed the Plaintiff’s name, and on March 20, 2014, the Plaintiff was imposed a global income tax amount of KRW 34,941,400 based on the bonus disposition that was deemed as a representative

According to the facts found, the Defendants are jointly obligated to pay 34,941,400 won for damages suffered by the Plaintiff and damages for delay calculated at the rate of 15% per annum from March 9, 2017 to the date of full payment after the last delivery of the copy of the instant complaint.

(The damages for delay prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings are 15% per annum, and there is no basis to recognize damages for delay by 20% per annum). 2. Defendant C’s defense of extinctive prescription by Defendant C is a defense that the claim of the Plaintiff was extinguished by extinctive prescription after 3 years from the

The claim for damages caused by a tort shall expire by prescription if it is not exercised within three years from the date on which the plaintiff knew the damage and the perpetrator (Article 766(1) of the Civil Act). Since there is no evidence to deem that the plaintiff knew that there was a taxation disposition against the plaintiff three years prior to the filing of the lawsuit in this case, the defense cannot be accepted

(According to the result of the court’s order to submit taxation information, taxation by the Plaintiff was made on March 20, 2014, and the instant lawsuit was filed on January 25, 2017). 3. Conclusion, we accept the Plaintiff’s claim.

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