Daegu District Court-2018-Gu Partnership-22113 ( November 16, 2018)

If the interest rate on the current loan is selected as the market price, the interest rate on the current loan shall be applied to the market price as well as the two business years thereafter.

Where a corporation selects the interest rate on overdraft at the market price pursuant to Article 89 (3) 2 of the Enforcement Decree of the Corporate Tax Act, it shall apply the interest rate on overdraft at the market price for the business year of its choice and the next two business years.

Article 89(3)2 of the Enforcement Decree of the Corporate Tax Act

2018Nu5131 Revocation of Disposition of Corporate Tax Imposition

AAA Industrial Company

d) The Director of the Tax Office

Daegu District Court Decision 2018Guhap22113 Decided November 16, 2018

oly 2019.19

.05.24

1. The plaintiff's appeal is dismissed.

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

The judgment of the first instance is revoked. The defendant's imposition of corporate tax of KRW 6,679,520 for the business year of 2014 and corporate tax of KRW 9,010,80 for the business year of 2015 against the plaintiff on September 1, 2017 shall be revoked.

1. Quotation of judgment of the first instance;

This court's reasoning is the same as the part of the reasoning of the judgment of the first instance except to change "related Acts and subordinate statutes of the first instance judgment" into "attached Acts and subordinate statutes of this judgment". Thus, this court's reasoning is accepted in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Conclusion

The plaintiff's claim of this case is dismissed due to the lack of reason, and the judgment of the court of first instance is justified, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.