Seoul Central Food Co., Ltd. (Maximum attorney-at-law)

Head of tax office

October 12, 1982

The Defendant’s disposition of February 25, 1981 (the original disposition was corrected by reduction on August 31, 1981) revoked the part of the disposition of KRW 1,83,422 in excess of the amount of KRW 1,83,422 in the disposition of imposition of KRW 360,195 in the same defense tax amount, and the part of the disposition of KRW 314,300 in the disposition of imposition of KRW 314,30 in the same amount.

All the costs of lawsuit shall be divided into eight parts, and the remaining part of the plaintiff shall be borne by the defendant.

The plaintiff's remaining claims are dismissed.

The disposition of imposition of KRW 360,195 against the Plaintiff on February 25, 1981 (the original disposition was corrected by reduction on August 31, 1981) by the Defendant is revoked in the amount of corporate tax of KRW 2,101,141 as an occasional amount of corporate tax of KRW 1981. The costs of lawsuit are assessed against the Defendant.

(1) According to the above provisions of subparagraph 2-1, 2, and 1-2-1, 7, 7-1-2, and 3-10 of the tax base amount for 3-10 of the tax base amount for 4-15 of the tax amount calculated by deducting the remaining amount of 30-15 of the tax base amount for 1978, 100,000, 700 won for 30-15 of the tax base amount for 40-14 of the tax amount calculated by deducting the remaining amount of 17-15 of the tax base amount for 5-2, 300,000 won for 6-14 of the tax amount calculated by applying the above provisions of subparagraph 2-15 of the tax law for 1978, 30-14 of the tax amount for 1978, 200 won for the remaining amount of the tax base amount for 5-18-2,000 won for the remaining amount of the tax amount of the tax.

(2) On September 30, 1978, the Plaintiff Company entered the above amount of KRW 70,00,000 in its capital stock of KRW 10,000 for 300,00 for 10,000,000 for 10,000 for 10,000,000 for 10,000,000 for 10,000,000 won for 10,000,000,000 won for 10,000,000 won for 10,000,000,000 won for 10,000,000 won for 10,000,000 won for 70,000,00 won for 10,000,000 won for 10,000,00 won for 20,000,00 won for 10,000,00 won for 7,00.

Therefore, even if the above capital increase of 70 million won is paid by the representative Kim Jong-sik as above, it shall not change the capital of the plaintiff company. According to Article 20 of the Corporate Tax Act (amended Act No. 2686 of Dec. 21, 1974), in cases where it is deemed that the act or calculation of the income amount of a domestic corporation has reduced unreasonably the tax burden on the corporation's income as prescribed by the Presidential Decree, it shall be calculated as the income amount for each business year of the corporation notwithstanding the act or calculation of the income amount of the corporation. According to Article 47 (1) of the Enforcement Decree of the same Act, if the amount is loaned to the investors, etc. without compensation, it shall be calculated as the income amount for the corresponding month as prescribed by the Ordinance of the Ministry of Finance and Economy. Thus, it is reasonable to include the amount equivalent to the tax base amount calculated as 30,000 won for the above loan interest of the plaintiff company as the corporate tax amount of 20,000 won and the remaining amount shall be deducted as the tax base amount of the plaintiff's tax base amount of 307,197.

(3) Furthermore, as to the amount of tax to be imposed on the Plaintiff Company, the Plaintiff Company has no income for its business operation without any business performance during the above business year. However, since the above recognized amount of 3,940,638 won is the amount of income for the above business year of the Plaintiff Company, it shall be calculated by applying the tax rate under Article 22(1)(5) of the Corporate Tax Act (Act No. 2686), 1,309,588 won as stated in the separate sheet of corporate tax calculation, and the Plaintiff Company did not pay the above corporate tax, 392,876 won (Act No. 2686) 2 (Act No. 2686) and 41(1)3 of the same Act, the remaining amount of tax to be imposed on the Plaintiff Company shall not be adjusted to 130,958 won (No. 2,989 won) and the above amount of tax to be imposed on the Plaintiff Company, 209 won (No. 3098,1098 won).308).3

Thus, the plaintiff's claim of this case is justified to the extent that the defendant seeks the revocation of the part exceeding the above tax amount among the taxation disposition of this case. The remaining claims are dismissed without merit. It is so decided as per Disposition by applying Article 14 of the Administrative Litigation Act, Articles 89 and 92 of the Civil Procedure Act to the burden of litigation costs.

November 2, 1982

Judge Lee Dong-soo (Presiding Judge)

[Attachment Omission (Provisional Disposition 1)]

[Attachment Omission (Supplementary Disposition)]

[Attachment Omission (Attachment 3 Recognized Interest Account Statement)]

[Attachment Form Omission (Detailed Statement of Calculation of Corporate Tax)]