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(영문) 서울중앙지방법원 2018.01.18 2017가합512219

손해배상(기)

Text

1. The Defendant’s KRW 74,947,765 for the Plaintiff and KRW 5% per annum from May 31, 2012 to January 18, 2018.

Reasons

3. In case where there has been a value appraised by an appraisal corporation under the relevant Acts, the said value (in case where there are not less than two appraised values, the average amount of the appraised values): Provided, That stocks, etc. shall be excluded;

2. The value appraised by applying mutatis mutandis Articles 38, 39, 39-2, 39-3, and 61 through 66 of the Inheritance Tax and Gift Tax Act and Article 101 of the Restriction of Special Taxation Act. In this case, the appraised value of stocks (limited to stocks issued by a stock-listed corporation) owned by the corporation that issued the relevant unlisted stocks in appraising the unlisted stocks pursuant to Article 63 (1) 1 (b) of the Inheritance Tax and Gift Tax Act and Article 54 of the Enforcement Decree of the same Act shall be the final market value at the Korea Exchange as of the base date for appraisal, and in applying mutatis mutandis Article 63 (2) 1 and 2 of the Inheritance Tax and Gift Tax Act and Article 57 (1) and (2) of the Enforcement Decree of the same Act, "immediately preceding six months (three months

* The value of property on which inheritance tax or gift tax is imposed under Article 60 (Principles of Appraisal, etc.) of the former Inheritance Tax Act (amended by Act No. 6780, Dec. 18, 2002) (1) is based on the market price as of the date of commencing the inheritance or of donation (hereinafter “date of appraisal”).

In such cases, the value appraised by the methods of appraisal under Article 63 (1) 1 (a) and (b) (excluding the case falling under the provisions of Article 63 (2)) shall be deemed the market value.

(2) The market price referred to in paragraph (1) shall be the value which is generally accepted in cases of free trade between many and unspecified persons and which shall include the expropriation, public sale price and appraisal price and other things recognized as the market price under the conditions as prescribed by

③ 제1항의 규정을 적용함에 있어서 시가를 산정하기 어려운 경우에는 당해 재산의 종류규모거래상황 등을 감안하여 제61조 내지 제65조에 규정된 방법에...