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(영문) 인천지방법원 2016.12.08 2015가단15213
약정금
Text

1. As to the Plaintiff B’s KRW 31,697,598, Plaintiff C’s KRW 21,131,732, and each of the said money, the Defendant began on November 18, 2015.

Reasons

1. Facts of recognition;

A. On February 20, 2006, the network A (hereinafter “A”) entered into a contract to sell KRW 110,000,000 to the Defendant of Jung-gu Incheon E Underground Flaund (hereinafter “instant laund”) (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, in relation to the laundry in this case, A, around August 26, 2013, around 30,985,00 won in sales with the Incheon Airport Lot duty-free shop in 2009, 209, 31,913,913,000 won in January 31, 2010, 2010, and 33,050,08,682 won in value-added tax due to the omission of KRW 33,00,00 in sales with the hotel New Airport Lot, and around May 1, 2013, notified A of a prior notice of taxation on KRW 19,378,682 in value-added tax due to the omission of KRW 33,05,00 in sales with the hotel New Hospital, KRW 49,810,00 in value-added tax, KRW 15,005,00 in value-added tax with the hotel (ju).

E. 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 penalty tax.

F. A died on December 15, 2015 while the instant lawsuit was pending, and Plaintiff B, the wife of Plaintiff B, and Plaintiff C, the wife of Plaintiff B, inherited at the ratio of inheritance 3/5, and Plaintiff C, the child, inherited at the ratio of inheritance 2/5, and the Plaintiffs took over the lawsuit.

[Ground of recognition] The facts without dispute, Gap's statements in Gap's 1 to 5 evidence (the evidence attached with a serial number shall include each number), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant, barring any special circumstance, shall submit the following facts to the plaintiff B among the total amount of value-added tax of KRW 52,829,330 in accordance with the agreement of this case: KRW 31,697,598 =52,829.

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