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(영문) 부산지방법원 2016.10.13 2015구합23527
종합소득세부과처분취소
Text

1. On June 1, 2014, the Defendant imposed an imposition of global income tax of KRW 814,429,830 on the Plaintiff for the year 2009.

Reasons

Details of the disposition

원고는 부산에서 토목건축공사업 등을 영위하는 주식회사 B(이하 ‘B’이라고 한다)의 대표이사 겸 최대주주이고, C은 보령시에서 폐기물처리업 등을 영위하기 위하여 2005. 5. 26. 설립된 주식회사 D(이하 ‘D’라고 한다)의 대표이사 겸 최대주주이다.

Conciliation Provisions

1.(a)

C and D shall be jointly and severally paid to the Plaintiff KRW 6 billion by October 1, 2009.

2.(a)

C and D shall jointly and severally pay to the Plaintiff KRW 2 billion (in addition to the above KRW 6 billion) and interest at the rate of 12% per annum from October 11, 2009 to the date of full payment, within two months from the date of commencement of the waste disposal business of D.

B. If D fails to commence business by April 10, 201, C and D shall jointly and severally pay to the Plaintiff the said KRW 2 billion and the amount at the rate of 20% from October 11, 2009 to the date of full payment.

3. When the Plaintiff receives the payment of the above principal and interest, the Plaintiff shall refund 11,500 shares of D in title trust with E, F, and G (23%) to C and D.

6. Where C and D fail to comply with the above paragraph 1, the effect of the construction agreement of December 12, 2007 between B and D is maintained as it is, and when C and D comply with the above paragraph 1, the validity of the above construction agreement shall cease to exist.

The Plaintiff filed a lawsuit against C and D seeking the return of share acquisition price, etc. as Busan District Court Decision 2009Gahap5240, and on August 11, 2009, conciliation was established as follows (hereinafter “instant conciliation”).

On February 8, 2013, the Plaintiff added KRW 1.35 billion to the Defendant from C as interest income, thereby filing a revised global income tax return for the year 2009. On the same day, the Plaintiff added KRW 233,424,657 to the Defendant as interest income, thereby filing a revised global income tax return for the year 2010.

On March 27, 2013, the Plaintiff received 1,301,250,000 won from C to the Defendant.

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