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(영문) 청주지방법원 2015.11.19 2015구합10921
부가가치세부과처분취소
Text

1. The Defendant’s imposition of value-added tax of KRW 108,742,190, which was imposed on the Plaintiff on August 2, 2014, shall be revoked.

Reasons

1. Details of the disposition;

A. On January 3, 2009, the Plaintiff filed an application for commencing rehabilitation procedures with the Cheongju District Court 2009 Joint17, and on December 10, 2012, the amendment draft rehabilitation plan (hereinafter “instant draft rehabilitation plan”) as follows was approved. The Plaintiff converted its debt to the bank of the merger resolution (hereinafter “retailed”) as follows according to the rehabilitation plan approval plan.

- - Future - Commercial claims for rehabilitation security rights change in rights of rehabilitation secured creditors, rehabilitation creditors - deemed stock companies: 51.99% of the amount of claims to be repaid in cash on the date of repayment and the remainder shall be fully converted into equity investments.

The conversion of investment shall substitute for the payment of the bonds concerned on the date of the effective date of the shares newly issued by the company, but the shares issued by such conversion of investment shall be retired without compensation.

Commercial transaction obligations among rehabilitation claims - 50% of the amount of claims to be repaid shall be exempted, and 33.13% shall be paid in cash on the date of repayment, and the remaining amount shall be converted into full investment.

The conversion of investment shall substitute for the payment of the bonds concerned on the date of the effective date of the shares newly issued by the company, but the shares issued by such conversion of investment shall be retired without compensation.

(E) The amount of cash discharge (cash discharge rate) of the total amount of the claims separately set forth in the table 672,142,140,646,161 won (50%) 259,621,973 won (3.13%) 524,024,187 won (3.13%) 2,183,646,164,187 won total of the amount of cash discharge (cash discharge rate) equity swap amount of 1,40,000 won - 727,860,860,000 won (51.99%) 72,140,140,000 won for commercial rehabilitation claim obligations of 783,646,163 won, 196,164,187 won

B. On December 12, 2012, the Plaintiff retired all the shares that were received through debt-equity swap as seen above, and the considered amount of KRW 1,196,164,187 against the Plaintiff is considered to have been bad debt, and pursuant to Article 17-2(1) of the former Value-Added Tax Act (amended by Act No. 11608, Jan. 1, 2013; hereinafter the same), the amount of bad debt tax of KRW 108,742,190 (hereinafter referred to as “the deductible amount”).

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