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1. Defendant D’s KRW 181,074,410 as well as 5% per annum from July 15, 2016 to June 29, 2017.
Reasons
1. Determination as to the claim against Defendant D
A. (1) Defendant D, upon the introduction of Defendant B, became aware of the Plaintiff’s sale of the land and building owned by the Plaintiff, Busan Jin-gu E (hereinafter “instant land and building”) as an issue of capital gains tax imposed by the tax office.
d. Defendant D, in collusion with Defendant B, had no intent or ability to engage in an act to make a public official, who is not a tax accountant, to receive money from the Plaintiff, or to reduce or exempt capital gains tax, by deceiving the Plaintiff, so that he/she may reduce or exempt capital gains tax by usingrobs, etc. from the Plaintiff, and then, he/she was remitted KRW 60 million to the corporate bank account in Defendant C’s name on February 20, 2014, and KRW 40 million in cash (50,000 won) around March 26, 2014, and KRW 20 million to the corporate bank account in Defendant C’s name on the same day.
In addition, on March 21, 2014, Defendant B transferred KRW 70 million to the account of community credit cooperatives under Defendant B’s wife’s name, KRW 80 million to the account of community credit cooperatives under Defendant B’s name, and KRW 6 million to the account of Defendant B’s branch around April 30, 2014, and acquired KRW 276 million in total.
However, Defendant B returned to the Plaintiff KRW 156 million out of the above amount.
Secondly, Defendant C’s deception paid KRW 139,190,260 out of the total amount of capital gains tax to be paid by the Plaintiff, and the remainder KRW 411,567,870 on several occasions because it was impossible to timely pay KRW 411,567,870 on several occasions, and thereby, Defendant C paid additional tax and additional tax (hereinafter “additional tax, etc.”) in addition to the total amount of KRW 56,592,460 on several occasions.
x. In addition, the Plaintiff failed to pay capital gains tax in time due to Defendant C’s deception, which led to the process of public sale, the Plaintiff paid KRW 4,481,950 to suspend the public sale procedure.
[Reasons for Recognition] Articles 208(3)2 and 150 of the Civil Procedure Act of the judgment by deeming confessions as confessions.