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(영문) 서울중앙지방법원 2021.02.25 2020가단5099424
손해배상(기)
Text

1. The Defendant’s KRW 14,326,39 as well as the Plaintiff’s KRW 5% per annum from May 16, 2020 to February 25, 2021.

Reasons

Judgment on the Grounds of Claim

A. The gist of the Plaintiff’s assertion is that, around February 2017, the Defendant intends to operate and sell stone trade and sales business to the Plaintiff, and if the Plaintiff’s name is able to operate the said business under the Plaintiff’s name, various taxes and insurance premiums accrued in relation to the said business are liable for the Defendant, and the profits accrued in relation to the said business will also be distributed.

was made.

Accordingly, around April 1, 2017, the Plaintiff registered a business operator with the trade name “C” in the name of the Plaintiff, and the Defendant, around that time, engaged in stone trade and sales business in the trade name “C” using the Plaintiff’s name, and closed the business around September 18, 2017.

In addition, in the above process, the plaintiff entered into a lease agreement with the plaintiff's office in the name of the defendant, and paid the lease deposit and office interior work expenses.

However, the Defendant did not pay to the Plaintiff various taxes and insurance premiums imposed in the name of the Plaintiff as the person registered in the name of the Plaintiff in relation to the above business, and the rent and the interior cost paid by the Plaintiff under the office lease agreement.

Therefore, the Defendant: ① (1) the Plaintiff: (a) the Plaintiff imposed on the Plaintiff in relation to the foregoing business KRW 35,091,984 and local income tax in KRW 3,560,775; (b) the value-added tax in the second quarter of 2017; (c) the unpaid amount of 4 insurance proceeds; (b) the office rent and management fee incurred for the six-month period during which the Plaintiff discontinued business in the name of the Plaintiff; (c) the total amount of KRW 1,197,150; and (d) the office rent and management fee incurred for the six-month period during which the Plaintiff discontinued business in the name of the Plaintiff; and (v) the Plaintiff paid KRW 9,051,00 for the office interior expenses; and (vi) the Plaintiff paid 8,000,000,0000,000 won for the office transportation expenses; and (g) the amount equivalent to the Plaintiff’s income generated by the Defendant in the name of the Plaintiff;

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