법인세부과처분취소
1. The Defendant’s corporate tax of KRW 982,420,580 (including additional tax) for the business year 2013 against the Plaintiff on October 8, 2015.
1. Details of the disposition;
A. The Plaintiff is a foreign-capital invested company established by B, a German corporate, (hereinafter “B”) by investing 100% of equity shares, and runs a business such as liquid development and manufacturing for liquid display devices.
B. On November 1, 2004, the Plaintiff filed an application with the Minister of Finance and Economy for prior confirmation as to whether the Plaintiff’s business constituted a business subject to tax abatement or exemption under Article 121-2(1)1 of the former Restriction of Special Taxation Act (amended by Act No. 7003, Dec. 30, 2003; hereinafter “former Act”) and received a notification from the Minister of Finance and Economy on December 17, 2004 that the Plaintiff constitutes a business subject to tax abatement or exemption.
C. Pursuant to Article 5(1) of the Foreign Investment Promotion Act on December 27, 2004, Company B: (a) made an additional investment of KRW 60 billion in cash to the Plaintiff; and (b) made an “report on foreign capital increase by acquiring new stocks, etc.” (hereinafter “report on foreign investment”). D.
On December 30, 2004, the Plaintiff filed an application with the Minister of Finance and Economy for tax reduction or exemption for foreign investment of KRW 60 billion (hereinafter “instant application for tax reduction or exemption”) on the ground that the instant project falls under Article 121-2(1)1 of the former 1-2(6). On January 21, 2005, the Minister of Finance and Economy notified the Plaintiff of the decision on tax reduction or exemption (hereinafter “decision on tax reduction or exemption”) with the following content.
Notice of Decision of Tax Reduction and Exemption
1. On the application of this case, I will make a decision of tax reduction and exemption, such as attachment after consultation with the relevant ministries, pursuant to Article 121-2(8) of the Section 1 of the former Act, and notify it.
2. In addition, in case of an increase in the capital, a decision on the tax reduction or exemption shall be made by filing an application for separate tax reduction or exemption pursuant to Article 121-4 of the former Act in order to obtain the said increase in the capital.