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(영문) 수원지방법원 2015.01.13 2013가단104369
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 88,720,070 as well as 20% per annum from December 18, 2013 to the date of full payment.

Reasons

In light of the results of fact-finding on Gap evidence 1 through 10, witness C and this court's fact-finding 2, the plaintiff purchased the principal complex building from the defendant on June 14, 2008 with D major 263.7 square meters and six stories above ground from Suwon-si with D major 263.7 square meters, and 1.6 billion won on the above ground; while the first and third floors are the second class neighborhood living facilities, 4-6 stories are multi-family houses, the second class and the third class were changed to their original purpose of use; the defendant concluded on December 15, 2008 with the plaintiff on June 14, 2008 for separate transfer and exemption of value-added tax pursuant to the above sales contract; the defendant concluded on June 27, 2007 for the above 20.3rd class residential facilities with no separate entry of value-added tax on the purchase price; the defendant may return the above 206th class residential facilities to the plaintiff on December 23, 2009.

According to the above facts, the value-added tax has already been included in the sales price of this case 1.64 billion won in the sales price for the real estate of this case in light of the fact that the comprehensive transfer and acquisition contract was concluded to be exempted from value-added tax, etc. Thus, the defendant has already been included in the value-added tax 42,298,120 won paid by the plaintiff and the value-added tax on the 2 and

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