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Reasons
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(영문) 대구지방법원 서부지원 2018.10.04 2018가단55972
손해배상(기)
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1. The Defendant shall pay to the Plaintiff KRW 101,304,590 and the interest rate of KRW 15% per annum from May 25, 2018 to the date of full payment.

Reasons

1. Basic facts

A. On July 5, 2007, the Plaintiff entered into a contract with the Defendant to transfer KRW 182,520,000,000 (hereinafter “instant contract”) the right to sell the land to the Defendant in Daegu-gun-gun (hereinafter “instant land”). The main contents are as follows.

Article 1 [Sales Price and Time of Payment] (1) Seller and buyer enter into an agreement on the sale price and time of payment as follows:

The purchase-price of KRW 70,000 shall be paid and received at the time of the contract in the amount of KRW 182,520,000. Of them, KRW 80,000,000 shall be paid on August 10, 2007.

Balance 32,520,00 won shall be paid on September 10, 2007.

Matters of special agreement

1. An amount of 232,075,00 won sold by a seller shall be succeeded by the purchaser simultaneously with the change of name;

2. The buyer shall succeed to and pay the capital gains tax of the seller.

3. A contract for reporting capital gains tax shall be re-preparationd with the purchase price of KRW 300,000,000 when any balance is paid.

4. The above sales amount is expressed in the amount, excluding the principal of the sale and the transfer income tax of the seller. 5. All the above taxes issues arising after the remainder date and legal issues are responsible for the buyer.

B. In addition, on September 10, 2007, the Defendant prepared a written confirmation to the Plaintiff that “the purchaser shall be held responsible for the capital gains tax of the seller of the instant land.”

C. Meanwhile, the Plaintiff and the Defendant prepared a real estate sales contract stating the purchase price of the instant land as KRW 300,000,000, and reported the transfer price of the said sales right to the head of Seo-gu Tax Office at KRW 300,000,000. The Defendant paid the transfer income tax calculated by using the transfer price of the said sales right as KRW 300,000,000.

After all, the Defendant sold the instant land to D on September 19, 2014, and sold it to the head of Seogu District Tax Office at KRW 414,595,00 (= KRW 232,075,000).

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