logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.09.23 2019가단5079158
부당이득금
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff Company B (hereinafter “Defendant B”) from July 6, 2007 to October 19, 2007, as well as from October 19, 2007.

(2) As of February 13, 2018, the Plaintiff redeemed KRW 2,007,138,000 out of the investment amount to KRW 1,99,38,017 as of February 13, 2018.

Defendant B calculated the excessive amount as to the redemption amount as KRW 419,131,635, and withheld income tax of KRW 58,678,420 as well as KRW 5,867,840 as income tax of KRW 64,546,260 as income tax and KRW 1,942,591,740 as income tax (=2,007, 138,000 - KRW 64,546,260).

3) As of March 30, 2018, the Plaintiff redeemed KRW 2,001,707,707,733 out of the above investment amount to KRW 2,083,03,037,267. Defendant B: (a) calculated the excess amount to KRW 594,749,848; (b) withheld KRW 91,591,460; and (c) paid the Plaintiff the remainder to KRW 1,91,445,80,07 (= KRW 2,083,037,037 - 91,591,591,460; and (b) calculated the excess amount to KRW 83,749,848; and (c) paid KRW 1,326,49,460 to Defendant C’s goods through the Plaintiff’s purchase of KRW 1,00 (hereinafter “Defendant C0”); and (c) calculated income tax withholding and withholding income tax on Defendant C’s goods.

2) As of February 19, 2018, the Plaintiff redeemed the said investment amount to KRW 123,175,310. The Defendant C calculated the excess amount to KRW 26,793,774 with respect to the said repurchase amount to KRW 26,751,120 with respect to income tax, and KRW 4,126,230 with respect to income tax of KRW 375,110 with respect to the local income tax, and paid KRW 119,080 with the remainder to the Plaintiff (i.e., KRW 123,175,310 - KRW 4,126,230 with respect to the remaining amount). 3) The Plaintiff invested KRW 50,000 with respect to the “H” goods operated by D Company through the Defendant C, with a total of KRW 50,000,000 with respect to KRW 50,000,00,007.

4...

arrow