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(영문) 춘천지방법원강릉지원 2017.10.25 2016가단55352
손해배상(기)
Text

1. The Defendant: 14,761,184 won to Plaintiff A, and 5% per annum from November 15, 2016 to October 25, 2017, and the following.

Reasons

1. Basic facts

A. The Defendant’s members, including the Plaintiffs, agreed that the Defendant’s previous shareholders purchase the Defendant’s shares from the Defendant’s previous shareholders and operate the Defendant with the membership system, on January 2008.

B. At the time, the Defendant’s employees and employees paid immediately KRW 2,00,000 out of KRW 27 million, and paid the remainder of KRW 25,000 per month to the Defendant in installments by KRW 4,70,000 per month, and paid KRW 550,00 per month as management expenses by paying KRW 5,00 per month (hereinafter “management expenses, etc. of this case”).

C. Around January 2008, the Defendant had four major insurance premiums or taxes, etc. (hereinafter “Defendant’s insurance premiums, etc.”) that amount to approximately KRW 250 million. The Defendant’s employees and employees decided to pay the above liability with oil subsidies. D, who worked as the Defendant’s regular business, did not pay the Defendant’s insurance premiums, etc. to the stockholders and employees, and retired from the Defendant’s office on April 2012.

On April 2012, the Defendant received a disposition to keep 15 uninspectedd vehicles, including the vehicles operated by the Plaintiffs from the East Sea, and thereafter, the Defendant sold the said 15 vehicles kept in custody.

Accordingly, since April 2012, the Plaintiffs were unable to operate with their own vehicles from April 2012, and eventually retired from the Defendant.

[Reasons for Recognition: Facts without dispute, Gap 1, Gap 2, Gap 5, Gap 6, each entry, the purport of the whole pleadings]

2. Determination as to Plaintiff A’s claim

A. The parties’ assertion and the Defendant of the Plaintiff 1’s assertion in the instant case are obligated to pay the Plaintiff 1,131,184 won in advance of the amount exceeding KRW 8,569,346, among the oil subsidies provided to the Plaintiffs and the Plaintiff 1’s assertion in the instant case, the amount of KRW 27 million, the vehicle sales price of KRW 1 million, and the amount of KRW 1,569,346, among the oil subsidies provided to the Plaintiffs.

However, the plaintiff is KRW 9.3 million out of the settlement amount of this case.

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