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1. The Defendant imposed corporate tax of KRW 3,620,618,640 on the Plaintiff on February 2, 2011, and imposed corporate tax of KRW 3,620,618,640 on the Plaintiff.
Reasons
1. Details of the disposition;
A. On August 12, 2004, the Plaintiff becomes a specially related person of the Plaintiff pursuant to Article 87(1)4 of the Enforcement Decree of the Corporate Tax Act (amended by Presidential Decree No. 21302, Feb. 4, 2009; Presidential Decree No. 21302, Feb. 4, 2009; hereinafter the same), by holding 33.3% of the Plaintiff’s shares, and holding e-mail’s shares.
The loan of this case shall be lent 9% per annum to 9 billion won (hereinafter “the loan of this case”), and at the time of reporting the tax base and amount of corporate tax for the business year 2004, Article 28(1)4(b) of the Corporate Tax Act (amended by Act No. 8852, Dec. 26, 2008; hereinafter the same shall apply).
The title, Article 53 of the Enforcement Decree of the same Act, is included in the provisional payment in charge of the business affairs.
B. Korea: (a) On May 2005, the Plaintiff and DIz (hereinafter “DIA”) agreed to a restructuring plan whereby DIA takes over the management rights of EF stocks and management owned by DIII to perform the EIA’s restructuring and to acquire the convertible bonds issued by EF in the future in lieu of the repayment of the instant loan claims against EF media by the Plaintiff.
C. In accordance with the above restructuring plan on May 10, 2005, DIA purchased E media common shares (e.g., 5,000 won) 1,072,686 shares (e.g., approximately 49.9% of the face value; hereinafter referred to as “out-of-the-counter shares”) from EIA to KRW 300 million per share, DIA became the largest shareholder of EIA, and consideration was only 8.31% of EN shares.
On July 4, 2005, the Plaintiff, instead of paying the total amount of 9.333 billion won with interest accrued during the instant loan 9 billion won, offered a private placement set forth on June 30, 2008 with the conversion price of KRW 5,000 per share issued by E media and the due date of June 30, 2008.