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(영문) 서울행정법원 2019.01.10 2017구합88893

법인세부과처분취소

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1. The Defendant’s corporate tax of KRW 212,447,418,540 for the business year 2009 against the Plaintiff on March 9, 2015 (including additional taxes).

Reasons

Details of the disposition

The Plaintiff is a listed corporation established for the purpose of manufacturing and selling motor vehicle parts, and B (hereinafter referred to as “B”) is a listed corporation established for the purpose of manufacturing electrical and electronic equipment for motor vehicles.

On June 25, 2009, the Plaintiff merged B (hereinafter “instant merger”) and completed the merger registration on June 30, 2009.

The merger ratio between the Plaintiff and B at the time of the instant merger is the initial date of the merger under Article 165-4 of the Financial Investment Services and Capital Markets Act (amended by Act No. 10063, May 28, 2013; hereinafter “Capital Markets Act”); Article 176-5(1) of the Enforcement Decree of the Financial Investment Services and Capital Markets Act (amended by Presidential Decree No. 21898, Dec. 21, 2009; hereinafter “Enforcement Decree of the Financial Investment Services and Capital Markets Act”); the Plaintiff’s closing date of the merger on April 2, 2009 (before the date of the conclusion of the merger contract by the date of the resolution by the board of directors on April 3, 2009); the Plaintiff’s closing price of the instant one week trading volume from April 28, 2009; the Plaintiff’s closing price of the Plaintiff’s new shares was determined based on the average of the average of the class 3 shares calculated based on the average of the closing volume of the Plaintiff’s new shares;

After the merger of this case, the Plaintiff included 653,71,753,586,00 won (=1,077,690,58,000 won x 110,500 won (9,752,856 note x 110,500 won)) and B’s net asset fair value of 397,981,875,407 won, which is the difference between the net asset value of 397,981,875,407 won and B’s net asset value of 397,981,71,710,593 won as business rights (hereinafter “business rights of this case”).

The Plaintiff is the Plaintiff.