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1. Of the ancillary claims against Defendant B in the judgment of the court of first instance, the following parts shall be charged to Defendant B.
Reasons
1. Basic facts
A. The Plaintiff (a) is a company that runs real estate leasing business, etc., and is the owner of Gangnam-gu Seoul E building (hereinafter “instant building”).
B. F is the Plaintiff’s major shareholder, who served as the Plaintiff’s representative director by October 12, 201, and G is the Plaintiff’s child, who was appointed as the Plaintiff’s director on October 12, 2002 and was appointed as the Plaintiff’s representative director on September 22, 2012.
C. In order to donate the instant building to F’s children without paying inheritance tax or gift tax normally on September 2008, F and Defendant B: (a) obtained a loan of KRW 30,000,000 from the bank as collateral of the instant building owned by the Plaintiff from the bank; (b) as if they were to make an investment in the Chinese Steel company in Hong Kong through Pucom Company located in Hong Kong, they would have incurred investment losses after several months; (c) as if they were to have been pretended to have incurred investment losses, they would be recovered as liquidation money of KRW 4,50,000 out of the said money; (d) the remainder amount was to establish a foreign corporation whose Rucomer was in Hong Kong, and to have the Plaintiff acquire more than one half of the Plaintiff’s shares through the corporation, thereby changing the Plaintiff to a foreign-capital invested company; and (e) donated the Plaintiff’s shares to F’s children without taxes in Hong Kong where no gift tax is imposed.
(hereinafter referred to as the above plan . D.
F transfers the Plaintiff’s funds of USD 340,00 ($ 380,00,000 at the exchange rate at that time) deposited by F on or around September 12, 2008, to Defendant B via the I account represented by Defendant B, under the pretext of the expenses and fees for the establishment of Pucom in Hong Kong, and on October 21, 2008, the instant building owned by the Plaintiff as security by the Plaintiff, from a new bank in the name of the Plaintiff, a corporation.