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1. The Defendant’s imposition of gift tax of KRW 123,11,840 against the Plaintiff on April 17, 2015 exceeds KRW 73,926,260.
Reasons
1. Details of the disposition;
A. E Co., Ltd. (hereinafter referred to as “instant company”) is a company that engages in the manufacture and sales service business of electrical and electronic equipment (electric converters).
B. As the representative director of the instant company, the Plaintiff owned 5,900 shares (59%) out of 10,000 shares issued by the instant company as of December 1, 2012.
C. On December 11, 2012, the instant company held a board of directors and resolved to issue a certificate of 10,000 ordinary shares (the issue price: 10,000 won, and the due date: December 11, 2012; hereinafter “instant shares”) (hereinafter “instant shares”). On the same day, the Plaintiff subscribed to acquire the instant shares in the instant company in KRW 100,000,000, and deposited KRW 100,000 in the corporate account of the instant company on December 14, 2012.
Under the premise that the Plaintiff owned only 2,90 shares out of the shares of the instant company (29%) at the time of the instant capital increase, the Defendant shall be deemed to have received a 7,100 share allocation in excess of 7,100 shares, as indicated in Table 1, to have received a donation of profits from other shareholders through the increase of capital at low prices pursuant to Article 39(1) of the former Inheritance Tax and Gift Tax Act (amended by Act No. 11609, Jan. 1, 2013; hereinafter “former Inheritance Tax Act”), and shall be deemed to have received a donation of profits from other shareholders; Article 29 of the former Enforcement Decree of the Inheritance Tax and Gift Tax Act (amended by Presidential Decree No. 24358, Feb. 15, 2013; hereinafter “former Enforcement Decree of the Inheritance Tax and Gift Tax Act”); Articles 60(1) and 63(1)1 of the former Inheritance Tax and Gift Tax Act and Article 54 of the former Enforcement Decree of the Inheritance Tax and Gift Tax Act (Additional Tax and Additional Tax). 363614,41,29,4601,41,205,41,41,2941,2945,2,2041,2041,2,2041,2041,2,2041,2,41,2,2041,2,25,2041,2,204444445,2,2,2,2,2,2,2944444444,2