Seoul High Court 2016Nu5151 ( October 25, 2017)

Examination Corporation 2015-002 (2015.04.15)

It is reasonable to deem that the withholding agent was delegated with the withholding duty by the withholding agent.

(C) The tax authority’s trust arising therefrom is worth being protected, since it is reasonable to deem that the tax withholding agent was delegated to collect withholding taxes from the withholding agent. Thus, it constitutes a withholding agent under Article 98(11) of the Corporate Tax Act, and claiming that the withholding agent is not a withholding agent in the year 2009 and 2010.

Article 98 of the former Corporate Tax Act / [Special Cases concerning Withholding or Collection for Foreign Corporations]

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff, including the part arising from the supplementary participation.

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the argument on the grounds of appeal by the appellant falls under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal, and therefore, the appeal is dismissed under Article 5 of the same Act. It is so decided as per