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(영문) 서울서부지방법원 2016.05.03 2015가단30681
손해배상
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff asserted that the Plaintiff would make a false receipt of capital gains tax in selling an apartment from Defendant B, and that Defendant B would make a business registration under the name of the Plaintiff and submit a false tax invoice to the tax office. After that, Defendant B had no property of the Plaintiff, the Plaintiff was informed upon the lapse of 50,000, while paying the tax imposed on the Plaintiff was delayed.

As a result, the Plaintiff suffered losses from the imposition of taxes of KRW 33,448,313, such as value-added tax and global income tax, and thus, the Defendants are obligated to compensate for the damages suffered by the Plaintiff.

2. The judgment of the Defendants is the co-owner of 11, 907, Yongsan-gu Seoul Metropolitan Government D apartment 11, 11, and 907, and issued a tax invoice of KRW 84,454,54,545 on May 26, 2004. The Plaintiff issued the tax invoice of KRW 84,54,545 on the premise of house repair of the above apartment, and based on this, the Plaintiff imposed value-added tax of KRW 18,525,102, global income tax of KRW 1,029,463 on January 2, 2006 and imposed additional tax on the Plaintiff due to the delinquency of payment. The fact that the Plaintiff added additional tax may be recognized by each

However, as to the fact that the Defendants had the Plaintiff issued a false tax invoice by deceiving the Plaintiff, it is not sufficient to recognize it by the entry of Gap evidence No. 4, and there is no other evidence to prove otherwise.

Therefore, the plaintiff's assertion cannot be accepted.

3. The plaintiff's claim for conclusion is dismissed on the ground that it is without merit.

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