Case Number of the immediately preceding lawsuit
Seoul Administrative Court 2014Guhap73029
Case Number of the previous trial
early 2011west 1047
Title
Interest expenses for industrial finance bonds included in deductible expenses are included in the interest expenses for loans excluded from income dividends.
Summary
(1) The Plaintiff’s industrial finance bonds (as stated in the judgment of the first instance court) shall be deemed to be the economic substance of the Plaintiff’s industrial finance bonds by promising the return of the principal and interest at the expiration of a certain period of time on credit or at the expiration of the said period, and shall be deemed to be able to appropriate funds by making use of the industrial finance bonds, and
Related statutes
Gross income of dividends under Article 18-33 of the former Corporate Tax Act
Cases
2015Nu5518 Revocation of Disposition of Corporate Tax Imposition
Plaintiff and appellant
AAA Bank
Defendant, Appellant
○○ Head of tax office
Judgment of the first instance court
Seoul Administrative Court Decision 2014Guhap73029 decided July 16, 2015
Conclusion of Pleadings
December 17, 2015
Imposition of Judgment
January 14, 2016
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The judgment of the first instance shall be revoked. The imposition of corporate tax of KRW 25,385,864,956 (including additional tax) made by the Defendant to the Plaintiff on December 2, 2010 shall be revoked.
Reasons
The reason for the judgment of the first instance is reasonable, and therefore, it is cited as the reason for this judgment in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil
The plaintiff's appeal is dismissed for lack of reason.