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1. The Defendant imposed corporate tax of KRW 2,803,037,110 on the Plaintiff on March 18, 2013.
Reasons
1. Details of the disposition;
A. On Oct. 28, 1992, the Plaintiff was a KOSDAQ-listed corporation established on Oct. 28, 1992 with the music record production business as its business purpose. On Jul. 18, 2007, the Plaintiff merged YTB Co., Ltd., Ltd., a non-listed corporation, with the entertainment media corporation, as well as EMNC Co., Ltd., Ltd. (hereinafter “TTB”, “for example,” and “ENC,” and completed the merger registration on July 20, 2007.
(hereinafter “Merger”. At the time of the instant merger, the Plaintiff’s trade name was YN Entertainment Co., Ltd., but was changed to the current trade name on April 1, 2010.
At the time of the merger of this case, the merger value of the plaintiff was assessed as the reference price, the merged value of the merged corporation was assessed as the intrinsic value, and accordingly, the merger ratio of the plaintiff and the merged corporation was determined as Ethical 1:4.126364, Ethical media, and Ethical 1:51030, 1:2.30, 1:3863636 in order of Ethical 1:19.
C. The Plaintiff delivered the Plaintiff’s common shares to the shareholders of the extinguished corporation according to the above merger ratio, and issued and delivered new shares 10,613,917 shares (amounted to 500 won) following the merger.
On July 18, 2007, the total issuance price of new shares by merger as of July 18, 2007, is 34,325,00,000 won, and the total par value is 5,306,958,500 won (i.e., the number of issued shares 10,613,917 x 500 won).
E. The fair value of net assets that the Plaintiff succeeded from the merged corporation as to the merger of this case is KRW 1,348,00,000, and the Plaintiff included 32,977,000,000 (=34,325,000,000-1,348,000,000) in the account book as business rights (hereinafter “the instant business rights”).
F. After the merger of this case, the Plaintiff’s account book is as follows, and the Plaintiff’s business right of this case is prior to the amendment by Presidential Decree No. 22184, Jun. 8, 2010; hereinafter “former Corporate Tax Act”).