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(영문) 서울행정법원 2015.10.07 2014구합70112
법인세부과처분취소
Text

1. The Defendant’s corporate tax attributed to the Plaintiff for the business year of 2008, September 12, 2013, 32,737,116,966 principal tax of KRW 24,41,073.

Reasons

1. Details of the disposition;

A. The Plaintiff’s status as a foreign securities company is a foreign securities company operating a securities business in Singapore with the laws governing Singapore as the governing law. On October 4, 2005, the Plaintiff established a branch office in Korea in the form of a branch office, and engages in the trade and consignment of securities, futures, options, etc., and the present business office is in Type 136 of Seoul Central and Medium-gu.

According to Article 28-2 (1) and (4) of the former Securities and Exchange Act (amended by Act No. 8635 of Aug. 3, 2007, Feb. 4, 2009), when a foreign securities company intends to establish a branch or other business office to conduct the securities business in Korea, it shall obtain permission from the Financial Services Commission for each type of business, and such permitted branch or other business office shall be deemed a securities company.

B. We examine the business year of 2008 at issue in this case of stock warranty securities and liquidity supplier 1) with respect to the business year of 2008 at issue. (Equiined Want, ELW hereinafter referred to as “ELW”).

(1) The term “securities issued in accordance with the criteria prescribed by the Enforcement Rule of the Securities and Exchange Act” under Article 2-3(1)6 of the former Enforcement Decree of the Securities and Exchange Act (amended by Presidential Decree No. 20974 of July 29, 2008) refers to the securities issued in accordance with the criteria prescribed by the Enforcement Rule of the Securities and Exchange Act, which are the price of specific stock certificates or the price index of stock certificates traded in the securities market, the KOSDAQ, or any foreign market similar thereto (hereinafter referred to as “basic assets”)

(i) trade of stock certificates or provide an explanation in any of the following note 8) in accordance with a predetermined method in connection with it;

In the event that stock certificates are underlying assets, the right to enter into a transaction giving and receiving them refers to the right to enter into a transaction with which stock certificates (underlying assets) can either buy or sell at a pre-determined price at a certain point in the future (at a certain point in the future). In the case of the right to enter into a transaction, the right to enter into a call option (as a matter of interest) shall normally be called.

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