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(영문) 인천지방법원 2018.05.29 2017가합56239
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B and C jointly share KRW 333,229,120 and their related thereto from March 30, 2018 to May 29, 2018.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Article 208 (3) 3 of the Civil Procedure Act of the applicable Act;

3. The Plaintiff asserts that, due to the deception between Defendant B and Defendant C, the Plaintiff was liable for the total amount of 316,537,380 won of taxes and charges related to the hotel F, which is the land building in Bupyeong-gu, Nowon-gu, Busan (hereinafter “instant accommodation facilities”).

According to the evidence No. 1-1, evidence No. 3-3, evidence No. 3-4, evidence No. 3-6, and evidence No. 3-7, respectively: ① Notice No. 610,520 on February 16, 2016, and Notice No. 610,520 on March 10, 2017 and Notice No. 610,520 on the instant accommodation, the amount of the charges for causing traffic congestion is equal to 610,520, and the period subject to the charges for causing traffic congestion is also the same as from August 1, 2013 to July 31, 2014; ② Notification No. 697, Jul. 16, 2016, Notice No. 740, and Notice No. 3-7, Mar. 10, 2017 to 201.

In light of the above facts, charges for causing traffic congestion of KRW 610,520, respectively notified on February 16, 2016 and March 10, 2017 are repeatedly notified. The charges for causing traffic congestion of KRW 697,740,342,170, respectively notified on February 16, 2016 and March 10, 2017, are deemed to have been adjusted as the charges for causing traffic congestion of KRW 697,740,342,170, based on the fact that the ownership of the instant accommodation was transferred from the Plaintiff to G on January 27, 2015 (from August 1, 2014 to July 31, 2015) for the annual period of KRW 697,740, the charges of the instant accommodation owned by the Plaintiff (from August 1, 2014 to January 26, 2015).

Therefore, the portion of KRW 1,308,260 out of the total amount of the above taxes and charges claimed by the Plaintiff (=610,520 won) is KRW 697,740.

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