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1. Of the judgment of the first instance court, KRW 13,028,571 against the Plaintiff and its related thereto, from June 21, 2014 to October 2, 2014 to the Plaintiff.
Reasons
1. In the first instance court, the Plaintiff sought compensation for active damages, such as attorney fees incurred by the Defendant’s tort, and for passive damages equivalent to the lost income. The first instance court partly accepted the claim seeking compensation for passive damages, and dismissed the claim seeking compensation for active damages.
Since only the defendant appealed against this, the subject of this Court's adjudication is limited to the claim seeking compensation for the above passive damage.
2. Basic facts
A. The Plaintiff is a licensed customs broker affiliated with C corporation, who actually operated the Gunsan Office of the said corporation (hereinafter “instant office”). The Defendant is a person who works for the Plaintiff’s assistant at the instant office as an assistant.
B. On June 28, 2013, the Defendant was convicted of violating the Customs Act by the Jeonju District Court 2012No1109, and the summary of the crime is as follows.
(hereinafter referred to as “the instant false declaration”). E is an actual operator as a director of the company D, and F is the representative director of the said company. The Defendant is a person working in the instant office where the said company performed import clearance for the Han River in Korea imported, and D is a company whose purpose is to export and import of agricultural, fishery, and livestock products located in Guri-si, Si, Guri-si, and the office of this case is a corporation whose purpose is to export and import declaration for the goods located in Si, Gunri-si.
Although the name, standard, quantity, price, etc. of the goods in question is accurately reported, the defendant, while the defendant, E, F and D, China LINYI KAICO, and China from LTPP, China, China, is designated as the goods subject to preliminary tax examination to prevent low-price return at a high rate of 377.3%, and if the goods are selected as the goods subject to preliminary tax examination, the customs value is examined and repaired.