On August 29, 2011, the Plaintiff sold the above number of tickets to the Defendant in KRW 75 million (hereinafter “instant sales contract”), and as a special stipulation in the sales contract, the Plaintiff stated that “The transfer income tax shall be borne by the Defendant under the agreement of the Plaintiff and the Defendant, and the reported amount shall be reported to the amount the Defendant wishes.”

(hereinafter “instant agreement”). The Defendant did not notify the Plaintiff of the reported amount of capital gains tax; the tax authority notified the Plaintiff that the Plaintiff would not pay capital gains tax and local income tax; the tax authority notified the Plaintiff of the payment of capital gains tax and local income tax; the capital gains tax (including additional charges) in arrears as of January 15, 2015 is KRW 46,532,820; and the local income tax (including additional charges) in arrears as of January 13, 2015 is KRW 4,80,390.

(hereinafter referred to as “instant capital gains tax”). [The grounds for recognition] of no dispute, Gap 1 through 6 (including the number of each branch number), the purport of the entire pleadings, referring to the delinquent capital gains tax and local income tax.

2. The parties' assertion

A. The plaintiff's assertion is obliged to pay the amount equivalent to the transfer income tax of this case to the plaintiff according to the agreement of this case.

B. The defendant's assertion cannot respond to the plaintiff's claim for the following reasons.

Where a purchaser has agreed to bear capital gains tax, he/she shall report the aggregate of the “sale price” and “amount equivalent to tax to be borne by the purchaser” as the transfer value. As such, the purchase price shall be calculated by deducting the amount equivalent to capital gains tax to be borne by the purchaser. The Plaintiff and the Defendant bear the Defendant in calculating the purchase price of the instant sales contract.