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(영문) 청주지방법원 2019.01.10 2017구합2832
부가가치세부과처분취소
Text

1. On January 12, 2017, the Defendant imposed value-added tax of KRW 136,217,150 on the Plaintiff for the first term of 2016.

Reasons

1. Details of the disposition;

A. The Plaintiff is a company established on June 17, 197 and engaged in the manufacture and sale of an industrial club and a building pipeline.

B. The Plaintiff supplied goods equivalent to KRW 1,536,366,476 from Company B (hereinafter “B”) during the period of the first and second value-added tax in 2015, paid a total of nine bills from July 2015 to September 2015 (hereinafter “instant bill”), and filed a value-added tax return by deducting the relevant input tax amount from the output tax amount.

C. When the financial failure has occurred due to the aggravation of the financial structure, the cumulative business losses, the increase in financial costs, etc., on September 22, 2015, the Plaintiff filed an application for commencing rehabilitation procedures (Seoul Rehabilitation Court 2015 Gohap10247) pursuant to the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”) and received a decision to commence rehabilitation procedures on October 23, 2015.

The Seoul Rehabilitation Court approved the above rehabilitation plan on June 21, 2016, as the rehabilitation plan prepared and submitted by the Plaintiff’s administrator in the above rehabilitation procedure (hereinafter “instant rehabilitation plan”) satisfies the requirements for a resolution under the Debtor Rehabilitation Act.

E. The instant rehabilitation plan provides that 25% of the rehabilitation claims against the Plaintiff, who is a commercial transaction bond, shall be repaid in cash for 10 years, and the remaining 75% of the rehabilitation claims shall be converted into stocks of 5,000 won per share, and the amount of a debt-to-equity swap shall be substituted for the repayment of the relevant rehabilitation claim on the date when the Plaintiff becomes effective with the shares newly issued pursuant to the rehabilitation plan, and the shares shall be re-combined at the rate of 30:1 in order to rationalize the amount of capital after the debt-to-equity swap. Thus, the specific amount of the rehabilitation claim and the amount of the claim subject to repayment under the rehabilitation plan of this case shall be as set forth below 2.

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