손해배상(기)
1. The Defendant shall pay to the Plaintiff (Counterclaim Defendant) KRW 16,497,472 as well as the year from October 13, 2018 to July 10, 2020.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On April 3, 1968, the network D (hereinafter “the network”) was married with E on April 3, 1968, wherein the Plaintiff, F, and G were born under the chain, and was married with E on May 1, 1973.
B. On October 2, 1974, the Deceased, who remarriedd with the Defendant on October 2, 1974, had the Counterclaim Plaintiff and H as his child, but divorced from the Defendant on November 12, 2004.
After that, on September 15, 2015, the deceased together with the defendant and maintained de facto marital relationship with the defendant until the deceased died.
C. On September 4, 2017, the Deceased was hospitalized in the I Hospital, and the condition of the Deceased was deteriorated, and was transferred to J Hospital on September 7, 2017, but died on September 17, 2017. However, the Plaintiff, F, G, Lessee, and H became co-inheritors.
On September 13, 2017, the Defendant deposited KRW 20,000,000, totaling KRW 820,000,000 from the K Bank account (L) of the Deceased at the K Bank (L) Dong-dong branch of the K Bank (L) with the Plaintiff who was hospitalized in the J Hospital. On September 18, 2017, the Defendant collected KRW 82,487,362 from the said account on September 18, 2017, when the Deceased died.
E. On March 31, 2018, the Counterclaim submitted a return on the tax base of inheritance tax and an order for direct payment of KRW 129,712,206 as inheritance tax on the entire inherited property. On May 8, 2018, each of 64,856,100 won was paid as inheritance tax on the aggregate of 129,712,200 won.
F. On March 29, 2018, the Plaintiff: (a) delegated his/her tax return and tax investigation-related business to M.; (b) paid KRW 141,247,600 in total,00,00 on March 31, 2018; (c) KRW 3,652,00 on March 31, 2018; (d) KRW 63,79,400 on August 26, 2019; and (e) KRW 68,796,200 on August 28, 2019.
【Ground for Recognition: Facts without dispute, Gap evidence 1 through 4 (including branch numbers in case of additional number; hereinafter the same shall apply)
The result of this Court's order of submission of tax information to the director of Namyang-ju Tax Office, the result of this Court's personal examination of the plaintiff, and the entire pleadings against the plaintiff.