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(영문) 대법원 2013. 05. 23. 선고 2013두2167 판결

초과 연료비는 추가사납금을 취득하기 위한 것으로 사업과 관련하여 지출된 비용임[국패]

Case Number of the immediately preceding lawsuit

Seoul High Court 2012Nu19498 ( December 27, 2012)

Case Number of the previous trial

Cho High Court Decision 2010Du0642 ( November 04, 2011)

Title

Excess fuel costs are expenses incurred in relation to the project as a means to acquire additional taxi commissions.

Summary

The excess fuel cost corresponding to the purchase cost of fuels corresponding to the import of taxi drivers, among fuels provided to taxi drivers, constitutes expenses incurred in connection with the business, which are generally accepted as normal or directly related to profit, and the input tax amount corresponding to the "tax amount on the import of goods used or to be used for the business".

Cases

2013Du2167 Revocation of Disposition of Imposing Corporate Tax, etc.

Plaintiff-Appellee

AA transportation corporation

Defendant-Appellant

Head of Seodaemun Tax Office

Judgment of the lower court

Seoul High Court Decision 2012Nu19498 Decided December 27, 2012

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

Although the lower judgment was examined in light of the records of this case, it is recognized that the assertion on the grounds of appeal falls under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal. Therefore, the appeal is dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by

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