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(영문) 수원지방법원안산지원 2016.07.21 2014가합4337
손해배상(기)
Text

1. Defendant B’s KRW 79,58,410 for the Plaintiff and the following: 5% per annum from November 29, 2008 to July 21, 2016.

Reasons

1. Basic facts

A. The status of Defendant B as the party is the actual operator as the secretary of the F Accounting Office located in E (hereinafter “Accounting Office”) at the time of Si interest, and Defendant D is the director and representative of the Accounting Office.

B. The Plaintiff paid the Plaintiff’s money, upon the acceptance of several lots of land other than H in Si-si, which was owned by G around September 30, 2008, the Plaintiff received consultation from Defendant B with respect to capital gains tax from the accounting office, and received the payment of capital gains tax from the accounting office.

On November 15, 2008, Defendant D scheduled capital gains tax pursuant to the above sales contract to be KRW 322,619,090. On November 28, 2008, the Plaintiff deposited the above KRW 322,619,090 to the Nonghyup Bank account in the name of Defendant D, which was managed by Defendant B, and received from Defendant B a deposit slip with the seal of the representative of Defendant D’s accounting office affixed thereon.

Defendant B withdrawn KRW 313,00,000 from the above account on the same day and arbitrarily used it.

On the other hand, on October 30, 2008, the Plaintiff paid KRW 30,000,000 to Defendant B.

C. Defendant B’s failure to pay capital gains tax, but Defendant B did not pay KRW 322,619,090 to the Plaintiff after the lapse of December 31, 2008, which was the scheduled return deadline. On January 2009, Defendant B said that Defendant B would pay the Plaintiff the amount for six months until the due date for the final return of capital gains tax ( June 30, 2009). As such, Defendant B said that it would make a payment of interest by using money received from the Plaintiff as the name of capital gains tax.

Since then, when capital gains tax was reduced due to the revision of tax law, and the amount to be paid last during the first half of 2009 was determined to be KRW 158,138,410, Defendant B returned the remainder of 164,480 won (=322,619,090 won - 158,138,410 won) to the Plaintiff around that time.

From July 11, 2012 to May 26, 2014, the Plaintiff paid a total of KRW 23,550,000 as indicated in the following table, and the Plaintiff paid KRW 10,00,000 on October 19, 2015, and KRW 10,000,000 on October 20, 2015.

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