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(영문) 서울행정법원 2015.07.17 2015구합486
종합소득세부과처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. 1) The Plaintiff is a KOSDAQ-listed corporation B (hereinafter “B”).

As the representative director and the largest shareholder, a sales contract between C and two other (hereinafter “the primary purchaser”) on December 15, 2009 and B’s management right (hereinafter “instant shares, etc.”) for sale of KRW 5 million of common shares and KRW 29.5 billion of common shares (hereinafter “the primary sales contract”).

The above sales contract is concluded. The management right and share transfer price are also determined as follows: ① The total purchase price of the instant shares, etc. shall also be KRW 29.5 billion. Of the total 4 billion down payment, the first down payment of KRW 1 billion shall be paid at the same time as the contract is concluded; and the remainder of KRW 3 billion from the contract date to the second down payment shall be paid within 29 days (not later than January 15, 2010) from the contract date. However, with respect to some of the second down payment (the total face value of KRW 2 billion) as convertible bonds, the remaining amount shall be replaced in cash until the remainder of 15 billion. The cancellation of this contract and penalty under Article 9 (Exchange) (1) The other party to this contract violates the obligations under this contract and fails to correct the purpose of this contract within 7 days from the date on which the other party is demanded to do so, and if the other party fails to demand the correction of the said obligation, the contract may be cancelled as the total par value of KRW 15 billion on the date.

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