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(영문) 인천지방법원 2018.04.11 2017나7149
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's claim extended by this court is dismissed.

3...

Reasons

1. The reasoning of the judgment of the court of first instance citing the judgment is as follows: ① 2. A among the judgment of the court of first instance.

1) As to the “liability for damages” in paragraph (1) and (2) 2.A.

Section 2. As to “the scope of damages”, Section 3.A.

(4) Section 3.B. of the Transfer Income Tax Refund for the year 2007.

The part of the “N land reverted to the year 2008” in paragraph (1) is identical to the reasoning of the judgment of the first instance, and such part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The part to be mard;

(a) heading 2.a;

1) With respect to the transfer income tax for the period of 2007 portion A (hereinafter “liability for damages”) of paragraph (1) and the transfer income tax for the period of 2007, Defendant B and the networkO (hereinafter “Defendant”) have the wind to falsely report the transfer value and conversion acquisition value of L buildings in the process of filing a transfer income tax report. The Plaintiff paid capital gains tax for October 30, 2008, but filed a civil petition with the Anti-Corruption and Civil Rights Commission for grievance on May 7, 2015. As a result, the Plaintiff was partly damaged by 21,951,937 won per annum calculated from October 30, 2008, the date of return of the transfer income tax to May 7, 2015.

(b) heading 2.a;

The defendant shall compensate the plaintiff for damages totaling KRW 67,387,594 as follows:

The amount of 1207 No. 5% per annum on the refund of capital gains tax accrued in 2007 21,951,937 won per annum 2008 5,833,834 won per report on non-business land accrued in 2008 and 25,001,823 won per report on non-business land accrued in 2008 40,000 won per annum 67,387,594 won per annum 67,387,594 won per annum, a tax agent fee for civil petitions for grievances against the Anti-Corruption and Civil Rights Commission on May 2015, 2015.

(c) 3.a;

The "amount calculated at the rate of 5% per annum with respect to the refund of capital gains tax accrued in 2007" of the first instance judgment in 2007.

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