logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2011.04.01 2010구합26056
법인세등부과처분취소
Text

1. The defendant's taxation disposition stated in the attached Form (1) disposition list against the plaintiff shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Plaintiff is a domestic corporation that runs the financial business, etc., and on September 30, 2003, the Plaintiff merged a national credit card company (hereinafter “national card”) that held 74% shares of 74% (hereinafter “instant merger”).

Under the regulations of the Financial Supervisory Commission for the supervision of specialized credit financial business, the national card should set up a certain ratio of appropriation for bad debts according to asset soundness for the credit held by it. The national card was 1,266,405,343,264 won for bad debts to be accumulated in the credit held at the time of the merger of this case (hereinafter “claim of this case”).

In addition, KRW 423,59,396,074 out of the above allowances for bad debts is related to claims in the estimated loss rating in accordance with asset soundness classification standards (hereinafter “instant estimated loss claim”). Of the instant claims, the National Card was approved by the Governor of the Financial Supervisory Service as to a significant portion of the above 423,59,396,074 won until the merger date of the instant case.

However, in settling accounts for the constructive business year (from January 1, 2003 to September 30, 2003) following the merger of this case, the National Card did not include all allowances for bad debts or bad debts on the claim of this case in the account book. In such a situation, the merger of this case took place, and the plaintiff succeeded to the claim of this case according to the book value.

On the other hand, the price of the merger in this case was calculated on May 29, 2003 and on the basis of one week thereafter and one month earlier according to the relevant laws and regulations.

B. In settling the accounts for the business year 2003 after the merger of this case, the Plaintiff shall settle the accounts with respect to the remaining claims, except for the claims sold or recovered after the merger of this case, which are not subject to the establishment of allowance for bad debts.

arrow