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red_flag_2(영문) 서울고등법원 2010. 4. 1. 선고 2009누27796 판결

[법인세등부과처분취소][미간행]

Plaintiff, Appellant

A. E. E.S. (Law Firm Chungcheong, Attorneys Han Chang-ho et al., Counsel for the plaintiff-appellant)

Defendant, appellant and appellant

Head of Namdae District Tax Office and one other

Conclusion of Pleadings

March 9, 2010

The first instance judgment

Seoul Administrative Court Decision 2008Guhap42666 Decided August 20, 2009

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1. Claim: A disposition of imposition of KRW 545,225,910 and securities transaction tax of KRW 136,568,600 against the Plaintiff on October 1, 2007 by the director of the tax office of Seodaemun-gu shall be revoked. The disposition of imposition of KRW 54,52,590 against the Plaintiff by the head of the Seoul Metropolitan Government against the Plaintiff on October 29, 2007 shall be revoked.

2. Purport of appeal: Revocation of the judgment of the court of first instance. The plaintiff's claim against the defendants is dismissed in entirety.

Reasons

1. Quotation of judgment of the first instance;

The reasoning of the judgment of this court is the same as that of the judgment of the court of first instance, and thus, it is accepted by Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Conclusion

Therefore, the plaintiff's claim against the defendants is justified, and the judgment of the court of first instance is just in its conclusion, and the appeal by the defendants is dismissed in its entirety as it is without merit. It is so decided as per Disposition.

Judges Yoon Jae-ap (Presiding Judge) (Presiding Justice) Kim Jong-sik