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(영문) 서울고등법원 2018. 06. 14. 선고 2018누33793 판결

이 사건 법인의 실제 대표자가 원고인지의 여부[국패]

Case Number of the immediately preceding lawsuit

Suwon District Court-2016-Gu Partnership-68268 ( October 17, 2018)

Title

Whether the actual representative of the corporation of this case is the plaintiff

Summary

There is no fact that the Plaintiff received monthly certain amount of wages from the corporation of this case, nor did the Plaintiff directly raised the establishment fund at the time of incorporation of the corporation. Thus, the Plaintiff cannot be deemed as the actual representative of the corporation of

Related statutes

Article 106 of the Enforcement Decree of Corporate Tax Act

Cases

2018Nu33793

Plaintiff and appellant

KimA

Defendant, Appellant

BB Director of the Tax Office

Judgment of the first instance court

Suwon District Court Decision 2016Guhap68268 Decided January 17, 2018

Conclusion of Pleadings

May 10, 2018

Imposition of Judgment

June 14, 2018

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1. Purport of claim

Defendant’s global income tax amounting to KRW 000,000,000 for the year 2010 on March 26, 2016 (reported)

A disposition to impose penalty tax of KRW 00,000,00 for unfaithful payment, including additional tax of KRW 00,000,000 for unfaithful payment

(c)

2. Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

Reasons

1. cite of the reasons for the written judgment in the first instance;

The reasoning of this Court is that the reasoning of the judgment of the court of first instance is the same as that of the reasons for this case.

It shall be quoted in accordance with Article 8(2) of the Court Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Conclusion

Since the judgment of the first instance is justifiable, the defendant's appeal is dismissed as it is groundless.