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(영문) 대전고등법원 2010. 11. 18. 선고 2010누960 판결
유상증자에 따른 부당행위계산부인[국승]
Case Number of the immediately preceding lawsuit

Daejeon District Court 2009Guhap3707 (O. 28, 2010)

Case Number of the previous trial

early 2009 Before 2044 (Law No. 29, 2009)

Title

The wrongful calculation of capital increase;

Summary

In the case of waiver of preemptive rights or acceptance of new stocks at a price higher than their market price with respect to the increase of the capital of a corporation, the relevant profit contributor shall be subject to the inclusion in the gross income regardless of whether

The decision

The contents of the decision shall be the same as attached.

Text

1. The plaintiff's appeal is dismissed.

2. Costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The judgment of the first instance shall be revoked. The defendant shall revoke the disposition of imposition of 182,418,100 won of corporate tax for the business year of 2003 against the plaintiff on December 10, 2008.

Reasons

The reasoning for the court's explanation concerning this case is the same as the part of the judgment of the court of first instance, and thus, it can be accepted by Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

Therefore, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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