손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On August 28, 2012, the Plaintiff entered into a sales contract with the Defendant to sell the instant shares to KRW 132,135,675 ( KRW 6,153 per share) (hereinafter “instant sales contract”) while working for the Defendant Company as an unlisted company, and received the said shares on the same day.
The Plaintiff retired on September 30, 2012.
B. Meanwhile, the instant sales contract provides that “All taxes and taxes that may arise or may arise as a result of the preparation of this contract or in the course of the implementation of the content thereof shall be borne by the person liable for payment and other expenses shall be borne by the person liable for payment
(Article 6). (c)
The Plaintiff reported and paid capital gains tax of KRW 8,660,60,600 per share and KRW 866,060 per share, based on KRW 6,153 per share.
From February 25, 2015 to March 26, 2015, the Central Regional Tax Office: (a) conducted an investigation into changes in stocks with the Defendant; and (b) determined that the sales price of the instant stocks falls under a low-price transfer between related parties; and (c) notified the Seosan Tax Office of the taxation data to determine the per share price of the instant stocks as KRW 12,522 in accordance with the supplementary assessment methods prescribed by the Inheritance Tax and Gift Tax Act.
E. On August 10, 2015, the Seosan Tax Office notified the Plaintiff of the correction and notification of KRW 19,041,710, and the local income tax 1,904,170 (hereinafter “instant tax”).
F. The Plaintiff filed a request for review with the Commissioner of the National Tax Service for an objection to the aforementioned notification disposition, but the request for review was dismissed, the Plaintiff filed a request against the head of Seosan District Tax Office for revocation of the disposition imposing capital gains tax for the year 2012 as Busan District Court 2015Guhap24155, and the said court rendered a judgment against the Plaintiff on May 12, 2016
In response to the plaintiff's objection, the appellate court's decision (the Busan High Court 2016Nu21268) is in progress.
(g)...