logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.02.07 2017가단5090755
기타
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The maturity of November 19 of each year at which the Plaintiff resided in Canada and the Plaintiff holds in Defendant B Co., Ltd. (hereinafter “Defendant Bank”) on or around 2015, approximately KRW 1 billion of E deposit in November 19 of each year (hereinafter “Plaintiff’s deposit”) and Singapore, the Republic of Korea of Singapore, each year, the maturity of which is held in Defendant Bank.

9. 4. E-term deposit amounting to approximately KRW 6.5 million (hereinafter “F deposit”) was managed by the Plaintiff and F with the delegation from the Plaintiff and F.

D On November 20, 2015, the Defendant C had the G Center of the Defendant Bank and working there, transfer all of the Plaintiff’s deposits to the F Account to the F Account (hereinafter “Transfer”) and then exchanged part of the F Account into USD 400,000,000,000,000.

(hereinafter “B.4 million US dollars.” D, on December 3, 2015, was able to impose high-rate gift tax on the transfer of funds by the Plaintiff, a non-resident, to F, who is a non-resident. On December 3, 2015, D visited the said G Center again to have the Defendant C restore the Plaintiff’s deposit and F deposit to its original original state, and then transfer 54,454.86 US dollars via H bank to the I bank account of Canada (hereinafter “III”) (hereinafter “transfer”), approximately 660,000 US dollars, the Plaintiff’s deposit to USD 760,000,000,000 (hereinafter “Non-Party 760,000 US dollars”), and exchanged the F deposit to USD 7,550,000,000.

[Reasons for Recognition] No dispute over Gap, Gap evidence Nos. 1, 7, 9, 40 (including the number of branch numbers; hereinafter the same shall apply), Eul evidence Nos. 11 and 12, Eul evidence Nos. 11 and 12, and plaintiff's argument as to the ground for claim as a whole of the pleadings ① Account transfer: Defendant C did not have knowledge related to gift tax, and caused D to coincide with the Plaintiff's deposit and F. In this case, the high-rate gift tax may be imposed on December 3, 2015, thereby causing damage to KRW 2,408,000 in the course of restoration to the original state.

(2) USD 400,000.

arrow