beta
(영문) 대법원 2013. 04. 11. 선고 2012두28919 판결

(심리불속행) 유상증자시 누적결손이 있었던 점으로 보아 보충적평가방법 따라 평가하여야 함[국패]

Case Number of the immediately preceding lawsuit

Seoul High Court 2012Nu16208 ( December 05, 2012)

Case Number of the previous trial

early 2011west 2163 ( October 26, 2011)

Title

(Incompetence) It shall be assessed according to the supplementary evaluation method in view of the cumulative loss at the time of capital increase increase.

Summary

The purpose of the supplementary assessment is that, if the issue of management is designated within three months before or after the evaluation base date, the supplementary assessment method shall be followed by the supplementary assessment method, taking into account the fact that the normal trade is made by reflecting the reasonable market price after a certain period of time, even if the issues of management are designated before or after the designation.

Cases

2012Du28919 Revocation of Disposition of Imposition of Gift Tax, etc.

Plaintiff-Appellee

Kim Jong-soo et al.

Defendant-Appellant

Head of Eastern Tax Office

Judgment of the lower court

Seoul High Court Decision 2012Nu16208 Decided December 5, 2012

Text

All appeals are dismissed.

The costs of appeal are assessed against the Defendants.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal are examined, but it is clear that the appellant's grounds of appeal fall under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal, and all appeals are dismissed under Article 5 of the same Act. It is so decided as per Disposition by the assent of

Reference materials.

If the grounds for final appeal are not included in the grounds of appeal that make it appropriate for the court of final appeal to become a legal trial, such as matters concerning significant violation of Acts and subordinate statutes, etc., the system of final appeal will not continue to proceed with the deliberation on the merits of the grounds for final appeal, but will not proceed with the deliberation on the merits of the grounds for final