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(영문) 서울행정법원 2012.09.07 2012구합8717
법인세부과처분취소
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. On February 28, 1996, the Plaintiff established “Jinro International Limited (H.K.)” (hereinafter “Saro Hong Kong”) in accordance with the Hong Kong Act, and acquired all the shares issued in the course Hong Kong.

B. On June 24, 1996 and July 20, 1997, as indicated in the table 1, the career Hong Kong issued bonds with interest rates of USD 80,000 (FRN) over two occasions, and received loans of USD 2,00,000 on December 10, 1996.

The plaintiff guaranteed the above bonds and loans.

C. In the company reorganization procedure against the plaintiff on June 2003, the payment guarantee creditor reported USD 86,778,320.19 (=$ 64,70,000 of principal and USD 22,078,320.19) as reorganization claim, and the plaintiff was deemed as the payment guarantee obligation.

Of the payment guarantee creditors, “Merri Lynch International” notified the Plaintiff on May 2004, and “Core Franc Trac Track Group” on November 2004, respectively.

E. From among the payment guarantee creditors, a national bank, “Goldman Sachs International,” “Goldman Sachs International,” and “Asoci” around July 2005, the “MMMMMMany and Co., Ltd.,” “International Limited” around August 2005, and the “Stoneone U.S. International Asseted,” “Stone U.S. International Bonded” around September 2005, the Plaintiff “ASELed” as a corporation of Ireland, around September 2005.

the payment guarantee claim was transferred.

“Each notification was made.”

The details of the payment guarantee bonds acquired by the ACRL shall be as listed below:

F. After obtaining the confirmation of non-taxation exemption from the Defendant, the Plaintiff paid USD 86,778,320.19 to the ACRL without withholding corporate tax on March 16, 2006.

hereinafter referred to as the "payment of this case" means the payment of interest.

G. The Defendant’s payment to the Plaintiff on January 3, 201 is a domestic source interest income, and the payment guarantee obligee is a payment guarantee obligee.

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