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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s assertion that the Defendant: (a) proposed that the Plaintiff operating a small-scale box called “B restaurant”; (b) from January 2015 to December 2, 2015, the Defendant would make monthly settlement of the food cost to the Plaintiff; (c) sought to identify and process taxes on the sales of the above food so that it could not be paid at the tax office; and (d) demanded that the Plaintiff discount of KRW 1,150 or KRW 3,800 per person at a low amount of meal cost, compared to KRW 4,950 (including value added taxes) at the time.
The Plaintiff believed that it was not possible for the Defendant to refuse the Defendant’s request, and thus, discounted the meal amount of KRW 3,800 for a single person. The meal amount of the couples provided to the Defendant from January 2015 to December 2015 is a total of KRW 73,05,000, which is the difference between the general meal amount of KRW 22,108,750.
The Defendant transferred the monthly meal cost from the corporate account to the Plaintiff’s account to the Plaintiff’s account, and asked the details thereof to the competent tax office. The pertinent tax office imposed taxes of KRW 28,881,550 on the Plaintiff, including global income tax and local income tax, etc. on the omission of sales, on the Plaintiff. The Plaintiff operating a restaurant in the age of 65 with the aged aged 65 solely believed the Defendant’s horse that is economically superior to the Defendant, and expressed his intent of discount of meal cost. The Plaintiff revoked the Defendant’s expression of intent of discount on the Defendant on the grounds of the Defendant’s fraud or mistake, and the Defendant ought to pay the Plaintiff the difference of KRW 22,108,750.
In addition, the competent tax office is highly likely to impose additional tax on the plaintiff for the omission of sales. If the plaintiff is subject to the imposition of additional tax, it is caused by the tort that the defendant deceivings or misleads the plaintiff.