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(영문) 서울행정법원 2014.01.16 2012구합34129
원천징수배당소득세징수처분등취소
Text

1. Attached Form 1, written by the Defendant against the Plaintiff on February 16, 201, as indicated in the Disposition List, from February 2009 to October 2010.

Reasons

1. Details of recognition and disposition;

A. The background leading up to the introduction of alley and the Plaintiff’s products 1) The Plaintiff is a corporation that runs banking business, etc. (ii) A bank may operate all business activities relating to banking business, such as receipt of deposits and installment savings, loan of funds, etc. pursuant to Articles 27 and 27-2 of the Banking Act, and may perform business activities incidental thereto.

On July 3, 2003, the Ministry of Finance and Economy (the current Ministry of Strategy and Finance; hereinafter “Ministry of Strategy and Finance”) amended the Guidelines on the Scope of Incidental Business among the Banking Business (Notice No. 2003-13 of the Re-Announcement of the Re-Wedking”) to expand the previous permission only “the consignment sale of gold coins (gold and gold coins) and the sale of gold bullion by proxy” to “the development and sale of related financial products, such as gold bullion savings accounts, etc.,” thereby allowing the bank to “the development and sale of gold bullions, such as the Bank’s trading, lending, and gold bullion savings accounts.”

(C) The Plaintiff sold the Hysing goods from around that time. On April 2008, 2008, the Financial Supervisory Service reviewed the terms and conditions as follows, with the “gold Investment Products that are freely able to enter and withdraw freely from time without any real transaction” and “KBD Investment passbook” goods (hereinafter “instant goods”).

(1) The Plaintiff entered into the instant product and deposited won currency into the instant product, and purchased the amount corresponding to the transaction price publicly notified by the Plaintiff based on the international gold price and US/US exchange rate, and received the passbook as indicated in the unit ofg (g). The customer sells gold equivalent to the transaction price publicly notified by the Plaintiff upon termination of all or part of the instant product and receives won currency equivalent thereto from the Plaintiff. The passbook of the instant product provides that “this passbook shall be traded only in Korean won, and no real gold shall be traded (hereinafter referred to as “the passbook”).” as a special contract, the passbook of the instant product provides that “The passbook shall be traded in Korean won only, and real gold shall not be traded.”

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