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On behalf of Samsung, we filed an appeal with the Korea Administrative Court on February 15, 2019.
−Removed: The first hearing was scheduled for June 27, 2019.
−Removed: The first hearing occurred on June 27, 2019.
−Removed: A second hearing occurred on August 29, 2019.
−Removed: A third hearing occurred on October 31, 2019.
−Removed: A fourth hearing occurred on December 19, 2019.
−Removed: A fifth hearing occurred on April 2, 2020.
−Removed: A sixth hearing occurred on May 14, 2020.
−Removed: A seventh hearing occurred on June 4, 2020.
On July 16, 2020, the Korea Administrative Court issued its ruling in which it ruled that the withholding taxes and penalties which were imposed by the Korean tax authorities on Samsung should be cancelled with some litigation costs to be borne by the Korean tax authorities.
−Removed: On August 3, 2020, the Korean tax authorities filed a petition of appeal with the Korea High Court indicating the Korean tax authorities’ intent to appeal the decision of the Korea Administrative Court.
+Added: On August 1, 2020, the Korean tax authorities filed an appeal with the Korea High Court.
+Added: The first hearing in the Korea High Court is scheduled for November 11, 2020..
On September 29, 2017, Samsung filed an arbitration demand with the International Chamber of Commerce against us demanding that we reimburse Samsung for the imposed tax and penalties that Samsung paid to the Korean tax authorities.
Samsung is requesting that we pay Samsung the amount of KRW 7,841,324,165 (approximately $6.9 million) plus interest from and after May 2, 2017, plus the cost of the arbitration including legal fees.
−Removed: We deny liability and asked the International Chamber of Commerce to postpone the arbitration until the tax appeal is resolved.
−Removed: The arbitration panel conducted an initial status conference on February 7, 2018.
−Removed: The International Chamber of Commerce denied our motion to postpone the arbitration, and on March 2, 2018, issued a Procedural Order setting the hearing date for July 23, 2018.
−Removed: We filed our Statement of Defense and Counterclaim on April 16, 2018.
−Removed: A short discovery phase followed, and each side produced documents in May.
−Removed: Samsung filed its Reply to our Statement of Defense on June 11, 2018, and we filed our Reply on June 25, 2018.
−Removed: The evidentiary hearing took place in Hawaii July 23-24, 2018.
−Removed: The parties submitted supplemental legal authorities on August 8, 2018 and submitted cost submissions on October 15, 2018.
−Removed: On August 15, 2018, the Secretariat of the International Court of Arbitration of the International Chamber of Commerce extended the time for rendering the final award until October 31, 2018.
−Removed: On October 31, 2018, the Secretariat of the International Court of Arbitration of the International Chamber of Commerce again extended the time for rendering the final award until November 30, 2018.
−Removed: On November 8, 2018, the Secretariat of the International Court of Arbitration of the International Chamber of Commerce again extended the time for rendering the final award until December 31, 2018.
−Removed: On December 6, 2018, the Secretariat of the International Court of Arbitration of the International Chamber of Commerce again extended the time for rendering the final award until January 31, 2019.
−Removed: On January 8, 2019, the Secretariat of the International Court of Arbitration of the International Chamber of Commerce informed us that it had received on that day a draft award submitted by the arbitration tribunal and that it would scrutinize the draft at one of its next sessions.
−Removed: On January 31, 2019, the International Chamber of Commerce reported to the parties that it had approved the draft award submitted by the arbitral tribunal, and would notify the award to the parties once the arbitral tribunal has considered the Court’s comments, finalized the award and signed it.
−Removed: Also on January 31, 2019, the Secretariat of the International Chamber of Commerce again extended the time for rendering the final award until February 28, 2019.
On March 27, 2019, we received the final award.
The award ordered Immersion to pay Samsung KRW 7,841,324,165 (approximately $6.9 million as of March 31, 2019), which we paid on April 22, 2019, denied Samsung’s claim for interest from and after May 2, 2017;
−Removed: and ordered Immersion to pay Samsung’s cost of the arbitration in the amount of approximately $871,454.
+Added: and ordered Immersion to pay Samsung’s cost of the arbitration in the amount of approximately $871,454, which was paid in 2019.
We believe that there are valid defenses to all of the claims from the Korean tax authorities.
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A fifth hearing occurred on July 16, 2020.
−Removed: We anticipate a decision to be rendered on or about October 8, 2020.
+Added: We had anticipated a decision to be rendered on or about October 8, 2020, but the Korea Administrative Court scheduled a sixth hearing for November 12, 2020.
We believe that there are valid defenses to the claims raised by the Korean tax authorities and that LGE’s claims are without merit.
5 unchanged sentences
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.