손해배상 청구의 소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Grounds for the court's explanation concerning this case are set forth in 3.B.
The causal relationship between the plaintiff and the public official in charge of the No. 420 of the Civil Procedure Act shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for the following modifications.
2. The State or a local government shall be liable for the damage inflicted on the victim due to a public official’s breach of his/her official duty to the extent that the proximate causal relation is acknowledged. In determining whether a proximate causal relation exists, the State or a local government shall comprehensively take into account the probability of the occurrence of a result, the purpose of the code of conduct imposing an official duty, the circumstances after an act foreseeable from the purpose or function of the official duty, the form of the act or the degree of damage,
(2) In light of the purport of the entire arguments in the evidence Nos. 1 and 2 of this case, the Plaintiff invested funds to E in relation to the operation of the gas station of this case and received periodically an amount equivalent to a certain ratio of profit from E. The Plaintiff maintained the business registration of the gas station of this case within the second half of 2009, which is the taxable period of the Disposition No. 3 of this case, and reported the closure of business on April 20, 201, and the Plaintiff directly filed a report on the closure of business on April 20, 200, and the previous lawsuit seeking the revocation of the Disposition Nos. 1 and 2 of this case (the Daejeon District Court Decision 2011Guhap1308, the appellate court, and the final appeal court) may each be recognized.
In fact, if the gas station in the name of the plaintiff was closed at March 2009, the plaintiff should have reported the discontinuance of business without delay pursuant to the Value-Added Tax Act, but the plaintiff should invest a certain amount without fulfilling the duty to report the discontinuance of business and settle the monthly account of the gas station.