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(영문) 서울동부지방법원 2014.06.13 2013가단108403

사해행위취소

Text

1.(a)

The gift contract entered into on April 20, 2010 between Defendant A and C with respect to each real estate listed in the separate sheet No. 1.

Reasons

Facts of recognition

D Co., Ltd. (hereinafter “D”) was a company that manufactures and distributes wired and wireless information and communications devices, manufactures and sells game instruments and software, etc., and was established on October 1, 2002 and closed on December 17, 2010.

C is the representative director and 100% shareholder of D.

Plaintiff

From April 4, 2011 to June 9, 2011, the head of the tax office having jurisdiction over the investigation period of D was from January 1, 2006 to January 2009 (from January 1, 2006 to June 30, 2009) and as a result, he/she conducted a tax investigation of D with respect to the processed purchase and processed sale without real transactions, and as a result, verified the processed purchase and processed sale without real transactions, on September 5, 201, 136,206, 206, corporate tax of 96,083,110, 206, value-added tax of 24,837,00, 2006, value-added tax of 13,18, 707, 209, 209, 306, 209, 209, 306, 2008, 2009.

D. A person who did not pay the above taxes, the head of Song-gu Tax Office, the Plaintiff-affiliated Tax Office, designated the representative and oligopolistic shareholder C, who owned 100% of the shares issued by D pursuant to Article 39 of the Framework Act on National Taxes and Article 12 of the National Tax Collection Act, as the secondary taxpayer. On March 31, 2011, the additional tax amounting to KRW 91,781,00 and KRW 135,56,790 were notified.

Plaintiff

As a result of the above tax investigation, the head of the tax office of the Songpa-gu disposes of the processed sales and processed purchases by recognizing them to C, the representative of the corporation, and on December 1, 2010, C did not pay global income tax.

Accordingly, the payment period of KRW 16,367,30 on May 9, 201, the global income tax of KRW 59,635,140 on May 9, 201, the global income tax of KRW 2007, the payment period of KRW 16,367,330 on October 31, 201, the global income tax of KRW 297,920,860 on October 31, 209, and the global income tax of KRW 29,920,860 on October 31, 2012 were notified respectively.

C shall pay taxes of KRW 676,418,380, as shown in the attached list as of the closing date of pleadings.