Seoul High Court-2016-Nu-59142 (2017.08)

The losses of the merged corporation succeeded to by the merged corporation are excluded from the scope of losses brought forward that can be compensated by the increase of assets and profits of the merged corporation.

(b) The capital increase profit, regardless of whether the business of the merged corporation was generated or not, cannot be appropriated for the loss succeeded to by the merged corporation.

Article 18 (Non-Inclusion of Appraisal Profits in Gross Income)

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the grounds of appeal by the appellant are not included in the grounds provided by each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal. Thus, the appeal is dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by the assent