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Reasons
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(영문) 춘천지방법원강릉지원 2016.10.11 2016나50204
손해배상(기)
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1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The reasoning for the court's explanation on this part of the facts is the same as the corresponding part of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Summary of the parties’ assertion

A. The Plaintiff additionally paid taxes amounting to KRW 9,172,196, and KRW 7,526,667, which are the difference between the amount of the tax originally paid and the amount of the tax actually paid ( KRW 31,050,952, which was the amount of the tax that should have been paid at the time of filing a transfer income tax return on May 31, 2008) - KRW 16,698,863 (= KRW 9,172,196, KRW 7,526,667). As a result, the Plaintiff bears KRW 48,69,863, which was the total of KRW 16,698,863, which was the amount of the additional tax paid by the Plaintiff to the Defendant (= KRW 48,000,000, KRW 16,698,66363).

However, the Defendant, as a part of the public record of the first and second floors of the instant building, obtained money exceeding the appropriate amount of tax remuneration from the Plaintiff who believed to be subject to reduction or exemption as a matter of course, even though it was well aware that the use of the first and second floors of the instant building is not subject to reduction or exemption of capital gains tax. Although the Defendant, as a tax accountant, failed to perform his/her duty of care, thereby making a report on the first and second floors of the instant building, which are neighborhood living facilities, for residential purposes, thereby causing damage to the Plaintiff to additionally pay taxes as above.

Therefore, inasmuch as the Plaintiff’s reasonable tax to have been paid was KRW 31,050,952 and was paid by the Defendant, KRW 70,000,000,000,000,000,000,0000,0000,0000,0000,0000 won, the Defendant is obligated to pay the Plaintiff for damages incurred by the tort (i.e., KRW 31,750,952 (= KRW 31,050,952) and damages for delay.

B. The Plaintiff on June 23, 2014.

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