Seoul High Court-2018-Nu-47303 ( October 15, 2019)

The evidence submitted by the Defendant alone is difficult to deem that the total research and development costs of the game program is common costs related to domestic and foreign source income in the event of the absence of a foreign country.

(Judgment of the lower court) The evidence submitted by the Defendant alone is difficult to view that the total research and development costs of the game program in a foreign country are common costs related to domestic and foreign source income according to the respective ratio of the Plaintiff’s self-production game program’s domestic source income and foreign source income.

Article 98 of the Corporate Tax Act

2019Du43023 Revocation of Corporate Tax Imposition Disposition, etc.

○○ Korea Ltd.

○○ Head of Tax Office et al.

Seoul High Court Decision 2018Nu47303 Decided May 15, 2019

September 26, 2019

All appeals are dismissed.

The costs of appeal are assessed against the Defendants.

Examining the judgment of the court below and the grounds of appeal, since it is apparent that the appellant’s ground of appeal falls under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal, all appeals are dismissed under Article 5 of the same Act. It is so decided as per Disposition by the assent of all participating Justices