손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is an individual entrepreneur and an insurance company employee who run “C” stores from around 2010.
D worked as an employee of the defendant from around 2007 to September 30, 2016.
B. The Plaintiff was processed by entrusting D with his/her tax return. As a result, D’s failure to file the Plaintiff’s comprehensive income tax for year 201 and imposed the estimated tax amount for the global income tax for year 201, KRW 69,217,156 and KRW 6,329,380 were imposed for the global income tax for year 201.
C. Although D said that the Plaintiff could receive a refund of the integrated income tax imposed excessively at the tax office, D did not actually request correction or revised return.
On August 2, 2016, the Plaintiff filed a lawsuit seeking compensation against the Defendant and D by Daejeon District Court Decision 2016Ga216271 (hereinafter referred to as “instant previous lawsuit”), but prepared a notarial deed stating that the Plaintiff would repay KRW 50 million from D on September 26, 2016 to January 11, 2017, and withdrawn the said lawsuit on October 7, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including each number; hereinafter the same shall apply), Eul evidence Nos. 3 and 10, and the purport of the whole pleadings
2. Summary of the plaintiff's assertion
A. In the meantime, the Defendant breached the contractual obligation, as it did not report the Plaintiff’s global income tax pursuant to the delegation contract, but did not report the global income tax for the year 201, thereby imposing excessive global income tax on the Plaintiff.
Preliminaryly, since D, an employee of the Defendant, did not file a global income tax return for the year 201 while performing the Plaintiff’s bookkeeping’s business, thereby causing damage to the Plaintiff, the Defendant is liable to compensate for the illegal act of D.
B. The amount of damages suffered by the Plaintiff due to the Defendant’s nonperformance of obligation or D’s tort.