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

Cheong-gu Office

The Defendant’s refusal to rectify the global income tax of KRW 973,518, which was paid to the Plaintiff on November 11, 2016, shall be revoked.

A. The Plaintiff held corporate bonds of AA (hereinafter referred to as “AA”) at KRW 00,000 (hereinafter referred to as “instant bonds”). The need for the rehabilitation plan from the court on March 21, 2014.

인가결정을 받았고, 그 회생절차 과정에서 이 사건 채권은 원금 ○억 ○만 원, 회생 절차개시결정전 이자 ◉◉원 합계 ○○억 ○만 원의 회생채권(이하 '이 사건 회생 채권'이라 한다)으로 인정되었다.

나. 회생계획안에 따라 이 사건 회생채권 중 267,824,537원(55%)은 요의 주식 XXX주(재병합 후 XX주)로 출자전환되었고, 00억000만 원(45%)은 현금변제 대상이 되었다.AAA는 2014. 11. 13. 000,000,000원을 변제하면서 이자 ◉◉원에 대한 이자소득세 000,000원을 원천징수하였다. AAA는 2014. 12. 30., 2015. 10. 20. 나머지 현금 변제분을 모두 변제하였다. 한편 원고는 원고는 2014. 6. 20.부터 2015. 1. 2.까지 출자 전환된 주식을 매도하여 00,000,000원을 회수하였다.

D. Around September 2016, the Plaintiff filed a claim for correction against the Defendant for refund of KRW 00,000 of interest income tax withheld on the basis of the Defendant’s failure to fully recover the principal of the instant claim. On November 11, 2016, the Defendant rendered a disposition of refusal on the ground that “The Plaintiff’s interest income cannot be applied Article 51(7) of the Enforcement Decree of the Income Tax Act that applies only to the interest accruing from a non-business loan, and thus, a claim for correction of global income tax that reflects the withheld interest income cannot be accepted” (hereinafter “instant disposition”).

[Ground of recognition] Unsatisfy, entry of Gap 1 to 3 evidence, purport of whole pleadings

2. Relevant statutes;

The entries in the attached Table-related statutes are as follows.

3. Whether the instant disposition is lawful

A. Summary of the plaintiff's assertion

The Plaintiff recovered only the LV from the principal of the instant claim. KRW 267,824,537, which was converted into equity in the rehabilitation procedure, is merely for the purpose of arranging the relationship between the claim and the obligation between the Plaintiff and the Plaintiff, and is not actually repaid. As the principal was not recovered, interest income cannot be deemed to have accrued.

If principal loss is incurred in relation to the profits of non-business loans, it is exempt from taxation pursuant to Article 51(7) of the former Enforcement Decree of the Income Tax Act (amended by Presidential Decree No. 26067, Feb. 3, 2015). Since there is no reason to discriminate against the profits of non-business loans and corporate bonds, the interest income of corporate bonds is legislative deficiencies and the case of corporate bonds must be exempted from taxation in accordance with the principle of equity.

B. Determination

In full view of the facts and the overall purport of the facts and arguments as seen earlier, even if the Plaintiff was unable to recover the principal of the instant claim, it is reasonable to deem that the interest rate of KRW 00,000,000 accrued before the decision on commencing the rehabilitation procedure has been repaid. Therefore, the instant disposition rejecting the Plaintiff’s request for correction by deeming the same as interest income is lawful.

1) Under the rehabilitation procedure, the principal and interest 00,000 won were recognized as rehabilitation claims. When a decision to authorize the rehabilitation plan has been made, the rights of rehabilitation creditors are modified according to the rehabilitation plan (Article 252(1) of the Debtor Rehabilitation and Bankruptcy Act). As such, 000 won (55%) out of the rehabilitation claim of this case was changed to the share-based share of AA (20,000,000 (45%) as the share-based share-based share-based share-based share-based share-based share-based share-based share-based share-based share-based share-based share-based share-based share-based share-based share-based share-based share-based share-based share-based share-based share-based share-based share-based share-based share-based share-based share share-based share-based share-based share-based share

2) Since the instant claim is a corporate bond, Article 51(7) of the former Income Tax Act that applies to the profits accruing from a non-business loan cannot be applied. Although the Plaintiff asserts that there is no reason to discriminate against the non-business loan and the corporate bond, the corporate bond is a bond issued for the long-term financing of facilities investment or operation, etc. of the company and risks depending on the financial status of the company, future prospects, etc., and the profits accruing from a non-business loan refers to a typical interest income, such as a loan for consumption other than a financial product. Thus, it is difficult to deem that there is no difference ( even if Article 51(7) of the former Income Tax Act can be applied by analogy, it cannot be said that the instant claim cannot be recovered from the grounds prescribed in Article 19-2(1)8 of the Enforcement Decree of the Corporate Tax Act (the debtor's bankruptcy, compulsory execution, execution of punishment, discontinuance of business, death, disappearance, or missing).

4. Conclusion

The claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.

Relevant statutes

▣ 소득세법(2014. 12. 23. 법률 제12852호로 개정되기 전의 것)

Article 14 (Calculation of Tax Base)

(2) The tax base on global income (hereinafter referred to as "tax base on global income") shall be the amount calculated by applying the deductions under Articles 50, 51, 51-3, 51-4, and 52 to the aggregate (hereinafter referred to as "global income") of the amount of interest income, dividend income, business income, wage and salary income, pension income, and other income calculated pursuant to Articles 16, 17, 19, 20, 20-3, 21, 24 through 26, 27 through 29, 31 through 35, 37, 39, 41 through 46, 46-2, 47, and 47-2.

Article 16 (Interest Income)

(1) Interest income shall be the following income, generated in the relevant taxable period:

2. Interest and discount amount of bonds or securities issued by a domestic corporation;

11. Profits accruing from a non-business loan.

(2) Interest income amount shall be the total amount in the relevant taxable period.

(3) Matters necessary for the scope of interest income under the subparagraphs of paragraph (1) and interest income under paragraph (2) shall be prescribed by Presidential Decree.

▣ 소득세법 시행령(2015. 2. 3. 대통령령 제26067호로 개정되기 전의 것)

Article 51 (Calculation of Gross Amount of Income)

(7) In calculating the gross income from the profits accruing from a non-business loan under Article 16 (1) 11 of the Act, if the whole or part of the principal and interest cannot be recovered from the debtor or a third party because the relevant non-business loan falls under the bonds under Article 19-2 (1) 8 of the Enforcement Decree of the Corporate Tax Act before the final return on tax base under Article 70 of the Act on the profits accruing during the relevant taxable period, the calculation shall be made by preferentially subtracting the principal from the recovered amount. In such cases, if such recovered amount is short of the principal,

▣ 법인세법 시행령

Article 19-2 (Non-Inclusion of Bad Debts in Deductible Expenses)

(1) "A bond which cannot be recovered due to reasons prescribed by Presidential Decree" in Article 19-2 (1) of the Act means any of the following subparagraphs:

8. Debentures which cannot be recovered due to the bankruptcy, compulsory execution, execution of a punishment, close of business, death, disappearance, or missing of the debtor;