The costs of appeal are assessed against the Plaintiff.

1. Article 39(1)2(a) of the former Framework Act on National Taxes (amended by Act No. 11124, Dec. 31, 201); Article 39(1)2(a) of the same Act provides that an oligopolistic shareholder whose total amount of stocks held exceeds 50/100 of the total number of outstanding stocks of the relevant corporation and who actually exercises the right thereto shall have secondary tax liability; and whether the oligopolistic shareholder of the relevant corporation is a requirement for establishing secondary tax liability shall be determined as of the date on which

(See Supreme Court Decision 85Nu405 Decided December 10, 1985. Meanwhile, Article 530-10 of the former Commercial Act (amended by Act No. 13523, Dec. 1, 2015) provides that “A company or a company surviving a division or a merger after division shall succeed to the rights and obligations of the company that is incorporated by division or a merger after division in accordance with the terms and conditions of the division plan or the agreement.” Article 272-1 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”) provides that when a debtor who is a stock company is divided under the rehabilitation plan or a debtor who is a stock company or part of another company is to merge after division or merger with another company or part of another company, the division or merger under the rehabilitation plan may be made, and Article 530-10 of the former Commercial Act (amended by Act No. 13523, Dec. 1, 2015) does not exclude the application of Article 530 of the former Commercial Act

As such, the rights and obligations of the rehabilitation company that succeeds to a new company established according to the rehabilitation plan shall be deemed to include both private and public law relations, except where transfer is not permitted in light of its nature.

In addition, Article 280 of the Debtor Rehabilitation Act is stipulated in the rehabilitation plan.