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(영문) 인천지방법원 2016.11.25 2016가합50753
손해배상(기)
Text

1. The Defendants are jointly and severally with Nonparty E, F, G, H, I, J, K, and L, as well as the Plaintiff’s KRW 6,462,00,40 on October 2015.

Reasons

1. Facts of recognition;

A. On June 2014, E and F intended to issue false sales tax invoices to a dormant corporation or processing corporation that does not engage in the long-term business, and to make an application for refund of false value-added tax based on the false tax calculation statement received by the said dormant corporation or processing corporation, thereby deceiving the corporate director of the competent tax office or the director of the property corporate tax, thereby unfairly receiving value-added tax from the competent tax office. E was in charge of issuing tax invoices and applying for refund, and F was primarily in charge of the establishment of corporations, the name of their representative, and the physical color and inclusion.

B. Accordingly, F asked Defendant A and B to introduce a person who will act as a representative in the name of the processing corporation, and the said Defendants consented to L and K directly and through Defendant C, respectively.

In addition, Defendant D requested F to take part in H and received consent from F.

Defendant A established, through Defendant C, M Co., Ltd. (Representative K, Audit L), and N (Representative L, Auditor K), respectively. In addition, the F, E, G, I, and J respectively established P Co., Ltd. (Representative J, Auditor I), P Co., Ltd. (Representative I, Auditor J, Auditor(Representative H, Auditor G), and R Co., Ltd. (Representative G, Auditor).

C. According to the above successive public offering, Eul issued a false tax invoice of KRW 64,620,04,000 in total amount of supply value over 21 times from September 4, 2015 to September 10, 2015, and issued a false tax invoice of KRW 64,620,00,000 in total, on the basis of each false tax invoice on September 25, 2015, by preparing a false list of total tax invoices on the basis of each false tax invoice, and deceiving the approval applicant by filing an application for the refund of value-added tax in the name of R company, and ultimately received KRW 6,462,00,40,000 from Seocheon Tax Office around October 14, 2015.

As to this, Defendant A, B, C and Nonparty E, F, I, and I.

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