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Case Number of the immediately preceding lawsuit
Seoul Administrative Court 2010Guhap45873 ( October 10, 2011)
Case Number of the previous trial
National High Court Decision 2006No3456 (Law No. 13, 2010)
Title
Interest income shall be the income of the head office of Hong Kong, and the computation of the arm's length price shall not be deemed reasonable adjustment.
Summary
(1) The interest income is deemed income from the business activities of the head office of Hong Kong, and since it cannot be deemed a reasonable adjustment by calculating the arm's length price based on the comparable business entities that failed to meet the requirements of comparison, the disposition of calculating the difference between the interest income of the head office of Hong Kong and the arm's length price with the foreign specially related parties and imposing the corporate tax
Cases
2011Nu21272 Revocation of revocation of disposition of imposing corporate tax
2011Nu21289, revocation of disposition of imposing corporate tax
Plaintiff, Appellant
XX Stock Company
Defendant, appellant and appellant
Head of Seodaemun Tax Office
Judgment of the first instance court
Seoul Administrative Court Decision 2009Guhap37982, 2010Guhap45873 (Merger) decided June 10, 2011
Conclusion of Pleadings
November 8, 2011
Imposition of Judgment
December 20, 2011
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1. Purport of claim
(1) The Defendant imposed corporate tax of KRW 144,351,540 on the Plaintiff on March 16, 2005; (2) imposed corporate tax of KRW 332,601,870 on March 28, 2006; (3) imposed corporate tax of KRW 2,212,420,00 on June 1, 2006; and (1,468,604,640 on corporate tax of KRW 1,640 on the business year of 2002, respectively.
2. Purport of appeal
The judgment of the first instance is revoked. The plaintiff's claim is dismissed.
Reasons
The court's explanation on this case is the same as the part of the reasoning of the judgment of the court of first instance, and thus cite it as it is in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act
Therefore, the judgment of the first instance court is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.