손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. In the latter part of 2011, three corporations, including Plaintiff and C, and limited liability companies D, were registered as the representative director in the name of E, but in fact, the Plaintiff operated F, C, and limited liability companies, G, and H respectively.
B. On December 21, 2011, Co., Ltd. issued a false tax invoice to the Plaintiff, stating that C would sell 1 set of the C-type rolling machine to KRW 43,1750,000 (including value-added tax of KRW 39,250,000), and D issued a false tax invoice to the effect that D would supply the Plaintiff’s construction for the extension and destruction of the Plaintiff’s showing factory to KRW 446,66 million (including value-added tax of KRW 40,66 million).
In addition, on December 5, 2011, Co., Ltd. issued a false tax invoice to the Plaintiff that the Plaintiff provided C-Gingled and received down payment of KRW 99 million (including value-added tax of KRW 9 million).
C. The above F, G, and H reported value-added tax on February 14, 2012 by the Plaintiff’s false tax invoice in the Maritime Tax Office, and around February 14, 2012, the said F, etc. was charged for committing a violation of the Punishment of Tax Evaders Act (Act No. 2013 high-level 1662) at the Jeonju District Court 2013 high-level 162, and the said judgment became final and conclusive after being sentenced to two years of imprisonment with prison labor for one year, and the said judgment was pending in the appellate court (former District Court 2015No1215) for G, who was sentenced to imprisonment with prison labor for three years and a fine of ten million won, and for H, the first instance court [former District Court 2014Kahap81, 2014Gahap884, 2014 (Joint)]
[Ground of recognition] Facts without dispute, significant facts in this court, Gap evidence No. 3-1, 2, 3, and Gap evidence No. 4, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff, who was in the position of inside director(s) of C and D Co., Ltd. and limited liability companies, issued a false tax invoice with G and H first of all.