손해배상(기)
1. The Plaintiff:
A. Defendant B Co., Ltd. shall pay KRW 136,465,360 as well as its full payment from October 8, 2015 to the date of full payment.
1. Basic facts
A. The Plaintiff and the Defendant C transferred shares (1) as a shareholder of Defendant B (D Co., Ltd. prior to the change of trade name; hereinafter “Defendant Company”) and served as the representative director of the Defendant Company.
(2) On June 2014, the Plaintiff agreed with Defendant C to accept the acquisition price of the Defendant Company at KRW 110 million.
(3) In accordance with the above underwriting agreement, the Plaintiff and E entered into a share transfer and acquisition agreement (hereinafter “instant share transfer agreement”) with Defendant C and F on June 12, 2014, on share transfer of 10,00 shares owned by the Plaintiff and 6,00 shares owned by the said E to Defendant C and F, and fulfilled the following terms:
After F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. (hereinafter “the deceased”) on June 12, 2014. The transferee completed the registration as the representative director of the Defendant Company, and the Defendant C completed the registration as the auditor of the Defendant Company on the same day.
B. (1) After the Plaintiff entered into an agreement with the Defendant Company as above, the Defendant Company was subject to tax investigation by the Young-gu Tax Office around March 29, 2015, and received notice of prior taxation regarding the value-added tax and corporate tax from February 2, 2011 to January 2012, the time when the Plaintiff was operating the Defendant Company.
The Defendant Company is notified of the total amount of KRW 180,493,411, and the Plaintiff shall pay KRW 136,465,360 to the Defendant Company, and the Defendant Company shall pay KRW 136,465,360, which was deducted from the national tax refund, to the Defendant Company, the amount of KRW 180,493,411, which was paid to the Plaintiff by paying the said amount to the Plaintiff as the tax, and the Defendant Company shall not impose any tax by paying it to the Plaintiff.