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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff is a company that processes and assembles Joseon Blue, and around February 2007, upon obtaining permission from the Gyeongnam-do Governor for reclamation of public waters on Blue B’s reclaimed land for the creation of shipbuilding facility site (hereinafter “instant reclaimed land”).
From June 2009, construction was suspended at the rate of 46.83%.
B. On November 13, 2009, the Plaintiff agreed with C (hereinafter “C”) to make an investment in kind with the amount of KRW 9,440,476,00 as the investment amount of the instant reclaimed land at KRW 9,40,476,00, and was issued a common share of KRW 1,88,095 (hereinafter “new shares”) from C in return.
C. On March 2010, the Plaintiff issued a revised tax invoice of KRW 9,440,475,00 for supply price to C upon receipt of a request for the issuance of a tax invoice for the assessment of value-added tax on the reclaimed land of this case. On March 26, 2010, the Plaintiff filed a revised tax return of value-added tax for KRW 9,447,50 for output tax amount, KRW 4,720,238 for the investment in kind of the reclaimed land of this case, KRW 47,202,375 for additional tax returns, KRW 16,709,640 for additional tax payment, KRW 1,012,679,753 for additional tax payment.
On April 30, 2010, the Defendant issued a notice of non-payment of value-added tax of KRW 1,152,415,505 calculated by adding additional additional tax, etc. to the Plaintiff’s revised return. The Plaintiff was in arrears and paid the said amount on July 21, 201.
On February 22, 2010, E Co., Ltd. (hereinafter “E”) with the largest shareholder of C filed a lawsuit seeking nullification of the issuance of new shares by asserting that the issuance of the new shares of this case issued to the Plaintiff is invalid on November 18, 2009, with the Seoul Southern District Court 2010Kahap3538, Seoul Southern District Court 2010.
On November 26, 2010, the above court shall be responsible for management by C.