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(영문) 서울남부지방법원 2018.11.08 2017나2903
택시부가세환급금
Text

1. The amount to be paid below among the judgments of the first instance (other than the parts finalized separately by the remanded judgment).

Reasons

1. Progression of litigation and scope of adjudication;

A. (1) In the process of the instant lawsuit, the Plaintiffs asserted that the Defendant had a duty to pay the full amount of value-added tax reduction to the Plaintiffs pursuant to the labor-management agreement, but they did not pay part of the amount of tax reduction for the period from February 2, 2004 ( October 1, 2004) to February 2, 2010 ( December 31, 2010). The Defendant sought payment of the amount corresponding to the Plaintiffs during the said period. The first instance court dismissed all of the Plaintiffs’ claims except the Plaintiff L, and rendered a judgment that “the Defendant shall pay 450,928 won to the Plaintiff L and its delay damages.”

(2) The plaintiffs appealed against the judgment of the first instance court, and the trial prior to the remand rendered a judgment dismissing all appeals by the plaintiffs.

(3) As a result of the plaintiffs' appeals, the Supreme Court reversed the part of the plaintiffs' claims for the reduction of value-added tax from 2nd period of February 2004 (from 10.1 to 31 December 2008) to 2nd period of February 2008 (from 10.1 to 31 December 31, 2008) and remanded the same (the claims of plaintiffs E, K, andO were filed within the above period, and the part against the above plaintiffs was entirely reversed, and the remaining part against the plaintiffs was partially reversed), e, K, andO, except for the plaintiffs' remaining part against them, from 1th of January 2009 to 2nd period of January 1, 2009.

3. From 31. to 2010, the remaining final appeal as to the claim portion was dismissed. B. Pursuant to the scope of the party’s trial after remand, the final appeal was scheduled to be made in January 1, 2009 (1.1 to 31.2) prior to remand (1.1.1.).

3. Since the part against the Plaintiffs regarding the claim for the reduction of value-added tax from February 2, 2010 (from January 31 to December 31, 2010) was already finalized by the judgment of remand, the scope of trial after remanding the above part of the case is reversed and remanded, i.e., the part concerning the claim for the reduction of value-added tax.

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