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(영문) 서울행정법원 2017.09.07 2016구합52248
법인세원천징수처분 등 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. 1 Co., Ltd. (formerly amended: B Co., Ltd.) and C (hereinafter “Co., Ltd.” in each name are omitted, and the above companies are collectively referred to as “domestic shipbuilding officers.”

Dimited and Etd (hereinafter referred to as “foreign vessel owners”) as described in Table 1 below.

1) Each of the instant shipbuilding contracts that was awarded a contract for the shipbuilding of a vessel from the Plaintiff (hereinafter “instant shipbuilding contract”).

A) According to the shipbuilding agreement of this case, the vessel costs for domestic shipbuilding owners (units: USD 1D 27 February 2004. AF 29,500,000 AF 29,50,000 G 41,250,000 Ett on November 9, 2005. CH 8,553,0004 18,53,500,000 53,005 JJ 8,53,505,005 JJ 8,53,005,53,000 for vessel vessel costs (units: USD 1D 27, 2004). Under each shipbuilding agreement of this case, the vessel owners shall first pay part of the price for the vessel to the domestic shipbuilding owners before completion of shipbuilding construction, and when the shipbuilding agreement of this case is calculated by applying the aforementioned additional interest rate to the vessel owners (hereinafter “the aforementioned domestic vessel costs”).

Foreign vessel owners paid each advance payment (hereinafter “the advance payment”) to domestic vessel owners in accordance with each shipbuilding contract of this case.

B. The Plaintiff issued an advance refund guarantee certificate as indicated in the table 2, with the following purport that if the Plaintiff violated each shipbuilding contract of this case due to the failure of domestic shipbuilding companies to deliver the vessel on the fixed date, etc., a domestic shipbuilding company shall pay the advance received by domestic shipbuilding owners and the amount equivalent to additional dues on refund.

As a result, "each refund guarantee contract concluded" is not more than 'the case.

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