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(영문) 대구고등법원 2017. 05. 26. 선고 2016누5632 판결

사채업자 이자소득[국승]

Case Number of the immediately preceding lawsuit

Daegu District Court2015Guhap22303 (2016.07.01)

Title

Interest income of bond holders

Summary

interest income received by the bond company in excess of the principal shall be subject to income tax.

Related statutes

Article 4 (Classification of Income)

Cases

2016Nu5632 global income and revocation of disposition

Plaintiff and appellant

AA

Defendant, Appellant

BB Director of the Tax Office

Judgment of the first instance court

2016.07.01

Conclusion of Pleadings

2017.04.21

Imposition of Judgment

2017.05.26

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the first instance shall be revoked. The defendant revoked the imposition of global income tax of KRW 25,537,860 for the plaintiff on August 22, 2013; imposition of global income tax of KRW 4,466,658 for the year 2006; imposition of global income tax of KRW 15,97,390 for the year 207; imposition of global income tax of KRW 5,136,70 for the year 2008; imposition of global income tax of KRW 46,430,120 for the year 209; and imposition of global income tax of KRW 32,100,50 for the year 201 (the plaintiff filed a claim against the plaintiff at the trial to reduce the part of global income tax for the year 2006).

Reasons

1. Quotation of judgment of the first instance;

The reasoning for the court's reasoning for this case is as follows: ① The Court rendered a decision to abolish "the decision to abolish" in Section 7, Section 9 of the first instance court's decision. Accordingly, although CCC appealed appealed with OOOOOOOOO of the court's decision, the OO district court decided to dismiss the appeal on February 25, 201, the above decision became final and conclusive on March 10, 201, and ② "only the circumstance that the court applied for individual rehabilitation" in Section 17, of the first instance court's decision, as stated in the reasoning for the first instance court's decision, except for the revision of Section 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Conclusion

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.