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(영문) 의정부지방법원고양지원 2014.04.30 2013가합2665
약정금
Text

1. The Defendant’s KRW 290,000,000 as well as 5% per annum from August 13, 2013 to April 30, 2014 to the Plaintiff.

Reasons

1. Determination on the Plaintiff’s claim for the purchase price of shares on the instant main points

A. On March 2005, the Plaintiff and the Defendant respectively acquired 20% of the shares of the entertainment tavern “E” (hereinafter “E”) operated by C from C in the 1 and 2nd floor underground of the D Building in Ilyang-gu, Ilyang-si, Mangyang-si, and paid taxes, such as global income tax, etc., imposed on C when operating the said main points as a partnership business from around that time with C, while operating the said main points as a partnership business. However, the Plaintiff asserted that since March 2005, the Defendant and the instant main points were not operated as a partnership business.

C. (1) As seen in paragraph (1) 1, it is recognized that she carried on the same business as seen in paragraph (c). Sheshe received a tax investigation from the head of Goyang Tax Office around 2007 on the details of the instant main store, and the Defendant received a tax payment notice from the head of Goyang Tax Office about KRW 1.1 billion in the global income tax amount for the year 2005, including additional tax, etc. as to the income from the operation of the main store in this case from March 2005 to December 2005 on the premise that the Defendant independently carried on the main store in this case. The Defendant did not pay the said tax from November 10, 2009 at all, the Plaintiff and the additional dues accrued until November 10, 2009, the Plaintiff and the Defendant sold the share of KRW 1.45 billion in the sales amount to the Defendant, each of the said KRW 1.45 billion in total, and the Defendant sold the Plaintiff and the Defendant’s share of KRW 205 billion in the sales amount to the Defendant.

x) The plaintiff and the defendant.

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