Case Number of the immediately preceding lawsuit
Seoul Administrative Court 2010Guhap22337 (2010.02)
Title
Exemption from corporate tax, etc. on royalties on technical license
Summary
Where a person who provides technology obtains a confirmation of tax exemption by applying for exemption after the expiration of the period for application for tax exemption, the provisions on tax exemption shall apply only to the taxable year for which the application for exemption is filed and the remaining exemption period thereafter, but the amount of tax already paid before receiving the confirmation of
Cases
2010Nu30972 Revocation of revocation of request for rectification
Plaintiff
Dogsan Incorporated Co.
Defendant
O Head of tax office
Judgment of the lower court
Seoul Administrative Court Decision 2010Guhap22337 decided September 2, 2010
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The decision of the court of first instance shall be revoked. The defendant's disposition of refusal on December 11, 2009 against the claim for correction that the plaintiff exempted the withheld corporate tax of 577,847,160 won paid on May 13, 2008 and requested the refund shall be revoked.
Reasons
1. Quotation of judgment of the first instance;
The reasoning of this Court is that the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance. Thus, this Court cites it as it is in accordance with Article 8(2) of the Administrative Litigation Act
2. Conclusion
Therefore, the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit, and it is so decided as per Disposition.