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(영문) 인천지방법원 2014.11.14 2014가합54737
손해배상(기)
Text

1. The part of the conjunctive claim in the instant lawsuit is dismissed.

2. The plaintiff's main claim is dismissed.

3...

Reasons

1. The plaintiff's assertion and judgment

A. The plaintiff's assertion 1) The main claim plaintiff is the defendant's new construction and sale business of lending (hereinafter "the business of this case").

(1) In order to conduct the instant business, the Plaintiff borrowed the Plaintiff’s name. The Defendant registered the Plaintiff’s business under the name of the Plaintiff and operated the instant business. The Plaintiff, the nominal owner of the business, is the Plaintiff, KRW 15,980,340 (hereinafter “instant business income tax”).

(2) Although the Defendant did not pay the business income tax of this case, the registration of seizure was completed on the real estate owned by the Plaintiff as a result of the disposition on default. Accordingly, the Defendant did not pay KRW 15,980,340 to the Plaintiff’s business income tax of this case, and the Plaintiff’s real estate owned by the Plaintiff is likely to be sold by the real estate in the future due to the seizure of the real estate owned by the Plaintiff, and the Defendant is obligated to return the above KRW 15,980,340 to the Plaintiff as unjust enrichment, and even if the above money does not constitute unjust enrichment, the Defendant agreed to pay all of the public charges and taxes accrued in relation to the instant business, and the Plaintiff did not pay the business income tax in violation of the above agreement, and the Plaintiff was liable to pay the Plaintiff KRW 15,980,340 to the Plaintiff due to the Defendant’s default of the business income tax, and thus, the Plaintiff suffered disadvantage from the Plaintiff on the ground that the Plaintiff was liable to pay the income tax of this case as the real name of the Plaintiff.

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