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(영문) 서울중앙지방법원 2016.09.21 2015가단5134439

부당이득금

Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs' subscription of new shares 1) E Co., Ltd., E Co., Ltd., a KOSDAQ-listed corporation (hereinafter "E").

(2) On February 16, 2007, the board of directors passed a resolution on June 23, 2008 to allocate 25 members including the Plaintiff A (425,531 shares) and B (212,765 shares) with respect to fractional shares (1,291 shares) and forfeited shares (6,869 shares) incurred while issuing 18 million new shares. The Plaintiff A and B made a resolution on June 25, 2008 to allocate 25 members including the Plaintiff (425,531 shares) to third parties. The Plaintiff A and B paid each share on June 25, 2008, and accepted each share of 940 won per share. 2) The FF Co., Ltd. (hereinafter referred to as the “F”) that is a listed corporation in the FMM Co., Ltd. (hereinafter referred to as the “F”) to allocate 96,851 shares to the Plaintiff C (69,060 shares), 609, B (609,6060 shares).

Plaintiff

C and B paid each share price on March 12, 2007, and accepted new shares in KRW 7,240 per share.

3) G Co., Ltd. (hereinafter “G”) which is a corporation listed in GD Co., Ltd.

(B) On December 8, 2008, the board of directors decided to offer new shares 14,833,321 shares to 35 members including Plaintiff D (83,333 shares) with a third party allotment method. Plaintiff D paid the share price on December 16, 2008, and accepted new shares at KRW 600 per share. B. The head of the Dobong District Tax Office, etc. as follows: (a) deemed that the Plaintiffs received each forfeited share and new shares at a price lower than the market price and received the benefits equivalent to the difference by being allocated at a price lower than the market price; and (b) deemed that the Plaintiffs received each forfeited share and new shares at a price lower than the market price and received the benefits equivalent to the difference as a donation, the former Inheritance Tax and Gift Tax Act (wholly amended by Act No. 9916, Jan. 1, 201; hereinafter “former Inheritance Tax

() Based on Article 39(1)1(a) or (c), each individual gift tax was imposed on the Plaintiffs on the basis of Article 39(1)1(a) or (c). On November 14, 2011, the Plaintiff’s disposition authority (the head of the tax office having jurisdiction over the disposition date) imposed additional tax (the head of the tax office having jurisdiction over the disposition date) and additional tax (the head of the tax office having jurisdiction over the head of the tax office having jurisdiction over the disposition date) (the head of the tax office having jurisdiction over the head of the tax office having jurisdiction over the head of the tax office having jurisdiction over the head of the tax office on March 16, 201, KRW 6491,640,640, 388, 49210, 380, 132435, 960 B, 886, 02086, 080 B, 15, 2011>