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(영문) 서울중앙지방법원 2016.06.09 2015가합530220
용역비
Text

1. The Defendant’s KRW 300,000,000 as well as the Plaintiff’s annual rate of 20% from May 19, 2015 to September 30, 2015.

Reasons

1. Basic facts

A. On July 22, 2013, the Defendant was delegated by the representative director D of C Co., Ltd. (hereinafter “C”) with tax agent services related to the tax investigation of C of the Seoul Regional Tax Office (hereinafter “tax agent services”), and E, as the Defendant’s proposal, participated in the said tax agent services.

B. Around August 2013, the Plaintiff, as C’s customer, was notified by the Seoul Regional Tax Office to submit explanatory data on C and the Plaintiff’s transaction details, etc., and received the introduction of E from C and paid KRW 100 million to E under the starting fee. Around that time, the Plaintiff prepared a letter of commitment to receive remuneration for the tax investigation (hereinafter “instant letter of commitment”) between E and E. The main contents are as follows.

The Plaintiff requested you (E) to conduct all tax investigations related to himself/herself (hereinafter referred to as “instant tax agent”) in connection with C tax investigations conducted by Seoul Regional Tax Office 4 countries, including the vindication of the details of transactions between him/herself and C.

He agreed to the success fee of KRW 300 million in total at the service cost of the guard work. He has already paid KRW 100 million as of August 2013 and promises to pay the remainder of KRW 200 million until the end of August 2013.

However, it is confirmed that 300 million won of the total amount of remuneration for the tax audit is the nature of the successful remuneration and that if national taxes, such as income tax, inheritance tax, and gift tax, and additional taxes, are imposed as a result of the tax investigation, it is agreed to repay the total amount of the service cost already paid to the principal, including the service cost that has been paid on a day, if the specific additional collection of such taxes is confirmed.

3 The Plaintiff, at the end of August, 2013, goes against E.

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