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(영문) 인천지방법원부천지원 2019.11.22 2019가합101259
손해배상(기)
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 579,689,682 as well as the interest rate from May 24, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff, while operating the meat-type restaurant in Defendant B and vice-si D and 1 as a partnership, was registered under the joint name with Defendant C, who is his/her father, and the Plaintiff. On November 18, 2014, the Plaintiff withdrawn from the above partnership, but even after his/her withdrawal upon Defendant B’s request, the Plaintiff was registered with the National Tax Service as a joint business proprietor with Defendant C until December 30, 2018, and the Plaintiff was registered with the National Tax Service as a joint business proprietor with Defendant C until December 30, 2018. (2) On January 2, 2016, the Plaintiff was registered with Defendant B upon Defendant B’s request from Defendant B to lend his/her name to Defendant D and other food-manufacturing businesses operated by Defendant B on the first floor, and with consent from the National Tax Service from January 19, 2016 to August 24, 2018.

B. 1) On August 27, 2018, the Plaintiff: (a) as between Defendant C on August 27, 2018, all the rights and obligations of F, including F business-related tax liabilities, four major insurance premiums, and transaction payment obligations, shall revert to Defendant C; and (b) after November 18, 2014, the date on which the Plaintiff withdraws from the E business relationship, all the rights and obligations of E, including E tax liabilities, four major insurance premiums, and transaction payment obligations, shall belong to Defendant C; and (c) Defendant C shall faithfully perform the said obligations, etc. (hereinafter “instant First Convention”).

(2) On December 31, 2018, the Plaintiff concluded a contract with the Defendants on December 31, 2018, re-verification that all obligations, such as F and E business-related tax liabilities, four major insurance premiums, and transaction payment obligations, are borne by Defendant C, and the Plaintiff is not liable. Defendant C shall faithfully perform the above obligations and preferentially use F and E’s earnings, and when compulsory execution against the Plaintiff’s property on the grounds of the said obligations is commenced, the amount of the claim shall be paid in full to the Plaintiff so that property damage may not occur to the Plaintiff, and where a lawsuit is filed against the said obligations.

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