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1. On April 1, 2014, the Defendant imposed value-added tax of KRW 1,867,081,340 on the Plaintiff for the first term of 2012.
Reasons
1. Details of the disposition;
A. On August 11, 2011, the Plaintiff engaged in the business of manufacturing electricity, telecommunications equipment, and electric wires, and applied for commencement of rehabilitation procedures to the court on the ground of continuous management difficulties since 2008.
The Plaintiff was decided to commence rehabilitation procedures on August 19, 201 by this court, and received the rehabilitation plan approval from the court on April 16, 2012.
(U.S. District Court 2012 Gohap76, hereinafter the above authorized rehabilitation plan is referred to as the “instant rehabilitation plan”). B.
The instant rehabilitation plan provides that “98.13% of the principal and interest prior to the commencement of rehabilitation claims and rehabilitation claims shall be converted into a registered ordinary share into equity (27,369.3 won per share, per share), and the balance of principal (1.87% of the principal) shall be paid in cash on the repayment date, and the amount of credit subject to a conversion into equity shall be substituted by the repayment of the relevant bonds on the date when the newly issued shares take effect (the following day of the date of approval for the rehabilitation plan) by the Plaintiff.”
C. Meanwhile, as of April 2012, MBsan Co., Ltd. (hereinafter “instant company”) had a commercial credit claim amounting to KRW 32,147,669,945 as a rehabilitation claim against the Plaintiff and a loan claim amounting to KRW 13,359,49,671 (i.e., interest amounting to KRW 12,175,40,000 prior to commencement of the principal amount of KRW 12,184,09,671). However, according to the instant rehabilitation plan as indicated below, the company converted into equity shares at KRW 44,678,166,752, which was deducted the cash repayment amount from the total amount of the claim against the Plaintiff of the instant company pursuant to the instant rehabilitation plan, and owned KRW 16,427,639,79,393 per share.
The details of conversion into investment shall be 32,147,69,665,605, 601,278,531,546,391,4121, 141, 360, the principal of the loans 12,175,40,40.