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(영문) 수원지방법원안산지원 2016.10.20 2014가합6111
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Summary of the plaintiff's assertion

A. The Plaintiff became aware of Defendant C, the husband of Defendant B and his female, while operating clothes around 2004.

Defendant B referred to the Plaintiff to the effect that “B is the asset value of the KRW 00 million, and all persons who had been screened prior to the towing can be seen as seeing.” The Plaintiff believed to comply with the horses of Defendant B.

1) Defendant B stated to the effect that Defendant B “I have to hear the horses in front of the Plaintiff as well as the Plaintiff’s family members. I have to perform work at a designated place in the future, and upon searching money, I have to send money to B.” As such, the Plaintiff is an employee at the trade name “D”, “E”, and “F” designated by Defendant B from November 13, 2010 to April 23, 2013, the Plaintiff provided KRW 5,800,000 in total wage to Defendant B. (2) The Defendant B provided that “I have to have the business place and pay KRW 80,000,000 to the Plaintiff.” The value of the trust price was KRW 30,000,000,000, which was KRW 300,000,000 among them, and the Plaintiff provided the Plaintiff with KRW 50,500,00 to the Defendant.

However, Defendant B did not exercise the right to rescission with the said money.

3) Defendant B provided that “B is an asset value of KRW 00 million and will be fully responsible for the occurrence of a problem.” The Defendants established the Plaintiff’s place of business under the Plaintiff’s name using the Plaintiff’s seal impression and identification card, and had Defendant C operate the Plaintiff’s name. However, the Defendants and the Defendant C’s partner unpaid KRW 29,025,610 in total of the value-added tax incurred from the transaction in the said place of business, and thereby, the Plaintiff was liable for tax liability equivalent to the above amount. 4) As the Defendants acquired property and property gains by deceiving the Plaintiff as above, they shared the Plaintiff with compensation for damages arising from the tort, namely, KRW 134,825,610 = wage5,80,000 at the price of deposit KRW 50,500,000.

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