beta
(영문) 대전지방법원 2016.12.15 2015구합105536

종합소득세 경정청구 거부처분 취소청구의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On June 4, 2005, the Plaintiff entered a corporation B (including construction business, housing construction business, golf course construction business, hotel construction business, and container facility construction business; hereinafter “B”) and was appointed as a director on April 13, 2007, and resigned from the director on May 13, 2010, and was dismissed on July 31, 2010, and was in charge of the business of authorization and permission related to C business approval at the time of the work of B, was in office as the head of D construction, and after the completion of the above golf course, was in charge of the overall duties of promoting C tourism development business, such as holding office as the head of the headquarters for the implementation of the two-stage project.

On October 8, 2007, the Plaintiff entered into an agreement with B as follows (hereinafter “instant agreement”).

A. The term “A” (hereinafter the same shall apply) and “B” (hereinafter the same shall apply) agree on the following terms:

Article I “A” and “B” agree to pay “B” to “B” in addition to “B” if the payment is deemed necessary, to pay “B” additional 200 million if “B” is deemed to have been made to withdraw from office in the implementation of the C Project, and “B” to “B” to acknowledge the general terms of its oral promise at the time of departure from office” and thereby, to the extent that the payment is necessary.

Article 2 The payment method and time of the payment under the above Article 1 shall be agreed upon as follows: (a) The balance of KRW 200 million shall be paid not later than December 31, 2007; (b) shall be paid in accordance with the financial situation of the company in principle from 2008 to 2008 or every half year; and shall be paid within three months after retirement of the company at the time of retirement of the company.

Article 3 (Payment of Interest late at the time of the delay in payment three months after the retirement of Article 3.

In the event of an objection to the interpretation of the provisions of this Agreement of Article VII, the interpretation of “B” shall be followed, and the necessary additions not specified in this Agreement shall be as “B”.