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(영문) 대구지방법원 2013.06.28 2013구합743
종합소득세부과처분취소
Text

1. The Defendant reverted to the Plaintiff on March 5, 2012, the global income tax of KRW 18,456,390, and the global income tax of KRW 2008.

Reasons

1. Details of the disposition;

A. From January 31, 2007 to November 25, 2009, the Plaintiff lent the sum of KRW 5,307,400,000 (hereinafter “instant loan”) to C who had worked in the B Securities Asset Management Book for 62 occasions. From July 6, 2007 to November 17, 2009, C repaid the Plaintiff KRW 4,805,680,000 in total over 55 times.

1. C shall pay to the Plaintiff 1,185,205,129 won and 887,805,129 won among them, 5% per annum from May 19, 2010 to January 12, 2011, and 20% per annum from the next day to the day of full payment.

2. As to the real estate listed in the separate sheet (hereinafter “instant real estate”),

A. The sales contract concluded on November 10, 2009 between C and D shall be revoked.

B. D shall implement the procedure for registration of cancellation of ownership transfer registration completed by the 126851, which was completed on November 27, 2009, with the registration of the vice branch of the Daegu District Court (Seoul District Court) and the Plaintiff.

3. The plaintiff's remaining claims against C are dismissed.

B. In the Plaintiff’s loan and the lawsuit seeking revocation of fraudulent act against C (Seoul District Court 2010Gahap22555), the above court rendered the following rulings (hereinafter “instant judgment”) on January 12, 2011, and D appealed (Seoul High Court 201Na1584) and the final appeal (Supreme Court 201Da9634), but the judgment dismissing the appeal on October 14, 201 was pronounced, and the final appeal was notified on January 27, 2013.

C. According to the instant judgment, the Defendant: (a) notified the Plaintiff of the estimated tax amount of KRW 363,86,748 on the ground that the Plaintiff acquired the interest income from financial transactions with C (i.e., KRW 841,653 in total (i.e., KRW 154,324,050 in 207), KRW 347,752,792 in 2008; and (b) notified the Plaintiff of the estimated tax amount of KRW 363,86,748 in total; and (c) on March 5, 2012, the Defendant notified the Plaintiff of the estimated tax amount of KRW 363,86,740 in total (i.e., KRW 67,873,650 in 207; KRW 156,112,30 in 209; KRW 139,870 in 206 in 208).

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