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(영문) 서울고등법원 2012.01.12 2011누13417
법인세등부과처분취소
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. Basic facts and circumstances surrounding the disposition;

A. The Plaintiff is a domestic corporation that runs financial business, etc.

In 2003, the problems of the overall economic crisis have emerged due to the overall insolvency of the financial structure of card companies and the difficulty of independent life due to the so-called card occurrence, the government demanded the banks, which are the large shareholders of card companies, to promote early normalization of card companies, mainly by reconcing the card companies.

Accordingly, on September 30, 2003, the Plaintiff merged (hereinafter “instant merger”) with a national credit card company (hereinafter “national card”) holding 74% shares of 74%.

(hereinafter referred to as “Plaintiff prior to the merger” means the Plaintiff, a merged corporation, except in cases where the expression “Plaintiff prior to the merger” is used. B

Under the regulations of the Financial Supervisory Commission for the supervision of specialized credit financial business, the national card should set up a certain ratio of appropriation for bad debts according to asset soundness for the credit held by it, and the allowances for bad debts that the national card has to reserve with respect to the credit held at the time of the merger of this case (hereinafter “claim of this case”) under the above provisions were 1,266,405,343,264 won (hereinafter “the allowance for bad debts of this case”) as shown in the table below (Evidence B).

Items (1) 3: 38,208,208,294,397,39,429,39,4224,39,639,79,429,79,429,39,79,429,39,79,79,429,429,39,79,429,429,39,79,79,79,429,79,429,30,79,79,79,79,79,79,79,79,79,79,79,79,79,79,79,204,79,79,79,79,79,79,79,79,79,79,20,79,79,79,79,

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