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(영문) 서울중앙지방법원 2017.03.28 2016가단5010691

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion entered into a tax agent contract with the defendant who is a tax accountant to handle the plaintiff's tax affairs, and entered into a tax return service with the defendant. The tax office around 2010, omitted the tax return of the sales amount of KRW 34,00,000, and the global income tax return of KRW 114,000,000, and the sales amount of KRW 114,000,00,000 in the return of value-added tax with the tax accountant for the second half of 2007, the tax office imposed penalty of KRW 1,772,810, additional tax of KRW 19,129,026, additional tax of KRW 19,772,810, and additional tax of KRW 24,056,755, out of additional tax.

This is due to a mistake such as a wrong report due to the purchase of the amount of deposits that the Defendant offered by the Plaintiff after having reported the amount of deposits. Therefore, the Defendant is obliged to pay KRW 50,000,000,000, which is the sum of the above additional taxes and the amount of damages due to the Plaintiff’s attachment of real estate

2. Determination: (a) there is no evidence to prove that there was a sales amount as alleged by the Plaintiff at that time deposited in the Plaintiff’s account; or (b) there is no evidence to prove that there was a duty of care to compare the transaction amount with the tax invoice by receiving the details of the deposit transaction even if there was a deposit transaction amount deposited, so the Plaintiff’s assertion premised on such premise is without merit as to the amount of damages.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.