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(영문) 서울행정법원 2015.10.22 2014구합74145
법인세부과처분취소
Text

1. The Defendant’s corporate tax (including additional tax) for the business year 2008 on June 25, 2013 against the Plaintiff in KRW 22,812,709,942.

Reasons

1. Details of the disposition;

A. The Plaintiff is a foreign securities company that operates a securities business in the United States with the laws governing the State of the United States of America as the governing law. On July 8, 1992, the Plaintiff established a branch office in the Republic of Korea and runs a business such as corporate purchase consultation, derivatives and foreign exchange transaction, and securities consignment sale and purchase consultation, and the present business office is in Type 136 in Jung-gu, Seoul.

(b) Stock warranty securities and liquidity supplier 1) Stock warranty securities (Equitable Linked Want, ELW) stock warranty securities (hereinafter referred to as “ELW”).

(2) Article 2-3(1)6 of the former Enforcement Decree of the Securities and Exchange Act (repealed by Article 2 of the Addenda of the Enforcement Decree of the Financial Investment Services and Capital Markets Act, No. 20947 of July 29, 2008) (amended by Presidential Decree No. 20947 of the Financial Investment Services and Capital Markets Act) provides that (a) securities issued in accordance with the standards prescribed by the Enforcement Rule of the Securities and Capital Markets Act, which are one of the parties’ declaration of intention, shall be repaid at the maturity of the securities exchange by paying the remaining amount after deducting the exercise price from the maturity appraisal price of basic assets or the price at the exercise price determined in advance in connection with the change in the stock price or the price of the stock index (e.g., stock certificates).

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