(심리불속행)원고의 금전대여행위는 금융및보험업에 해당하며 상계로 받은 금전적 이익은 사업소득으로 봄이 타당함[국승]
Daegu High Court 2012Nu2499 (No. 12, 2013)
early 201-Gu3557 (Ob. 27 December 2012)
(Trialless Conduct) It is reasonable to see that the Plaintiff’s lending of money constitutes financial and insurance business and the pecuniary profit received as offset is business income.
(C) The reasoning of the judgment below is that the loan loans in this case fall under "financial and insurance business" rather than contingent or temporary acts, and monetary gains the plaintiff received by offsetting in this case fall under business income, not interest income accrued from non-business loans.
Article 16 of the Income Tax Act and Article 19 of the Income Tax Act
2013du9809 Global income and revocation of disposition
KimA
Head of Ansan Tax Office
Daegu High Court Decision 2012Nu2499 Decided April 12, 2013
September 12, 2013
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
All of the records of this case and the judgment of the court below and the grounds of appeal are examined, but the argument on the grounds of appeal by the appellant does not include the grounds provided for in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, and the appeal is dismissed in accordance with Article 5 of the same Act, and it is so decided as per Disposition by the assent