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1. On July 10, 2013, the head of Sungbuk Tax Office imposed a gift tax of KRW 1,933,876,988 (including additional tax) on the Plaintiff A.
Reasons
1. Details of the disposition;
A. C Co., Ltd. (hereinafter referred to as “C”) was a main affiliated corporation of D with the chairperson of the Plaintiff, C’s shares were 27.42% by E Co., Ltd. established by the Plaintiff A, 9.58% by the Plaintiff A, 6.34% by the F Co., Ltd., 0. 0.15% by the Co., Ltd. (hereinafter “A”), and 56.50% by other minor shareholders.
On the other hand, the shares issued by A, a corporate shareholder of A, are 52.8% of the shares issued by A, 37.5% of the shares issued by B, and 2.72% of the Plaintiff B, respectively. The shares issued by A, G, H, and I, a corporate shareholder of A, were 25% of the shares issued by A, A, H, and I, respectively.
B. On June 1, 2009, C issued in the private placement method the bearer convertible bonds with 16 billion won as follows: “The initial conversion price of 1,888 won was 1,930 won, but was adjusted to 1,888 won on March 19, 2010.” “The maturity date”, “from June 1, 2012,” and “from June 1, 2010 to May 1, 2012,” and the period for requesting conversion rights was determined as “the bearer convertible bonds with 16 billion won” (hereinafter “instant convertible bonds”); and Aux acquired all the said convertible bonds on the same day.
C. On December 17, 2010, Aluex converted the instant convertible bonds into C’s 8,474,576 shares to be issued, and hereinafter “instant stock conversion”).
() C’s shares were owned by 15.32% of C’s shares at the time of conversion, and the closing price of C’s shares was KRW 5,050 per share at the time of conversion, but Alux was KRW 42,796,608,800 (=8,474,576 Shares X5,050) at the market price of C’s shares acquired by the said conversion (i.e., KRW 8,474,576 Shares) multiplied by the amount of KRW 16 billion at the conversion price of KRW 1,888,00 per share multiplied by 8,474,576 shares at the conversion price of the instant convertible bonds (a.e., KRW 15,99,99,488 shares per share).
26,796,600,000,000 obtained by subtracting B from B, was accounted as salable Securities Conversion Profit amounting to non-business profits, and was not included in gross income in the business year 2010.
In this regard, the head of Young-dong Tax Office shall include the conversion profit of this case in the gross income for the business year 2010.