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(영문) 대법원 2019. 10. 31. 선고 2019두46824 판결

(심리불속행) 출자전환된 주식의 무상소각은 대손사유에 해당함[국승]

Case Number of the immediately preceding lawsuit

Daejeon High Court-2018-Nu-13290 ( October 27, 2019)

Title

(1) The free retirement of shares converted into investment constitutes a cause of bad debt.

Summary

(C) If a claim is converted into equity and is discharged without compensation under the rehabilitation plan approval plan, the claim becomes final and conclusive as the recovery impossible, which constitutes a cause of bad debt tax deduction.

Related statutes

Article 45 of the Value-Added Tax Act

Cases

2019du46824 Disposition to revoke the imposition of value-added tax.

Plaintiff-Appellant

Aaa Co., Ltd.

Defendant-Appellee

Head of Public Tax Office

Judgment of the lower court

Daejeon High Court 2018Nu13290 ( October 27, 2019), Daejeon High Court

Imposition of Judgment

October 31, 2019

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the assertion on the grounds of appeal by the appellant falls under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal and therefore, the appeal is dismissed under Article 5 of the Act. It is so decided as per Disposition