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(영문) 서울고등법원 2014.11.19 2013누29928
법인세부과처분취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Details of the disposition;

A. Status 1 of the Plaintiff et al. (the Plaintiff et al. was changed to the Dongyang International Co., Ltd. at the time of its establishment, which was changed to the Dongyang SPS Co., Ltd. on October 2, 1995; on September 16, 199; on August 23, 2010; and on August 23, 2010; and on October 13, 201, it was changed to the Dongyang International Co., Ltd.

hereinafter referred to as “niver in-house”

) Factoring financial business (a financial institution lends its funds as security for sales claims, such as commercial bills and credit sales certificates, from an enterprise).

2) On October 17, 2013, the 201 Seoul Central District Court Decision 2013 Ma188 decided on October 17, 2013, the Plaintiff was appointed as the manager and taken over the instant lawsuit.

B. The loan and debt-equity swap 1) The Round International was changed to A Co., Ltd. (the original trade name was changed to A Co., Ltd. on April 13, 2002, and was dissolved on October 18, 2004, when it was merged with C Co., Ltd. (hereinafter “C”).

hereinafter referred to as “A”

approximately KRW 36.658 billion and D Co., Ltd. (former January 1, 2004 changed to E Co., Ltd.) and was dissolved upon a merger with C on October 18, 2004.

hereinafter referred to as “D”

(B) the sum of loans extended to A and D by approximately KRW 23.98 billion (hereinafter referred to as “each of the instant loans”) is “each of the instant loans”

F) A corporate restructuring association (hereinafter “F”) from May 10, 2002 to September 11, 2002, while the corporate restructuring association was not recovered.

(2) The investment of approximately KRW 92 billion in the capital (hereinafter “instant investment”)

2) Meanwhile, F is a corporate restructuring association registered with the Financial Supervisory Commission in accordance with Article 15 of the former Industrial Development Act (amended by Act No. 6613 of Jan. 19, 2002) around April 2002.

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