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(영문) 광주고등법원 2015. 09. 24. 선고 2015누5473 판결

실질적인 창업에 해당하는 중소기업에게 세액감면의 혜택을 부여하고자 하는 것임.[국승]

Case Number of the immediately preceding lawsuit

Gwangju District Court-2014-Gu Partnership-109 (2015.04.09)

Title

It is intended to grant benefits from tax reduction or exemption to small and medium enterprises substantially start-up.

Summary

(As in the first instance judgment, the same shall apply) where a small or medium start-up enterprise acquires or purchases assets used for a previous business other than a real start-up business, and operates the same type of business, it shall not be subject to reduction or exemption.

Related statutes

Article 6 of the Restriction of Special Taxation Act

Cases

2015Nu5473 Demanding revocation of disposition imposing corporate tax

Plaintiff

AAAAAAA

Defendant

○ Head of tax office

Conclusion of Pleadings

October 2015

Imposition of Judgment

on December 24, 2015

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim

The judgment of the first instance shall be revoked. The corporate tax of November 1, 2013 that the defendant against the plaintiff on November 1, 2013

160,044,650 won (including additional tax 45,177,322), corporate tax of 2010 405,329,020 won (additional tax)

89,603,036 won, including 89,603,036 won, and 350,289,820 won (including additional tax 51,764,322) of corporate tax in 2011 shall be revoked.

Reasons

1. Quotation of judgment of the first instance;

The court's explanation of this case is based on the reasoning of the judgment of the court of the first instance (attached Form 7).

(2) Since it is the same as the entry, pursuant to Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act

cite the same as it is.

2. Conclusion

Therefore, the judgment of the first instance court is legitimate, and the plaintiff's appeal is dismissed as it is without merit.

It is so decided as per Disposition.