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(영문) 서울중앙지방법원 2015.09.09 2015가합6468

손해배상(기)

Text

1. The plaintiff's claim against the defendants is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The summary of the case pertains to the Plaintiff’s taxation disposition of the notice of re-revision of the value-added tax and the additional tax by denying the details, etc. of the report of purchase of the advance payment of the construction project by Defendant two Industries Co., Ltd. (hereinafter “Defendant two Industries”), and thus, the Defendants breached their comprehensive succession to their business status or their duty to issue the revised tax invoice to the Plaintiff, thereby incurring loss to the Plaintiff or seeking payment of the amount equivalent to the amount of tax imposed on the grounds that the Defendants succeeded

On the premise, the Plaintiff entered into an agreement related to the Plaintiff’s business with the following agreements and contracts in order to promote the urban environment rearrangement project of the Class VI district of the officer zone, which newly constructs a complex building for the 88-1 and the 68 parcels of the Check-dong, Jung-gu, Seoul.

On April 13, 2007, the Plaintiff entered into a business and loan agreement with the Plaintiff on April 13, 2007, with the aim of raising business expenses, with the content that, as a trustee of the real estate collateral trust (trustee of the real estate collateral trust or a trustee of the A-KO real estate investment trust (as a trustee of the real estate collateral trust) or the A-KO real estate investment trust (as a trustee of the real estate collateral trust, the purchaser was also in concurrently in the position of the purchaser) on the loan of KRW 240 billion to the Plaintiff on April 16, 2009 and then the new loaning company was designated as the loan of KRW 240 billion to the Plaintiff on April 16, 2009.

Relevant matters shall be as follows:

§ 8-2. (1) The lender shall give written notice to the borrower under paragraph (3) of this Agreement as the grounds for loss of interest under this Agreement have occurred.