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(영문) 대법원 2019. 04. 11. 선고 2018두67299 판결

(심리불속행)‘주소 또는 영업소가 분명하지 아니한 경우’라 함은 선량한 관리자의 주의를 다하였음에도 그 주소 등을 알 수 없는 경우를 의미함[국패]

Case Number of the immediately preceding lawsuit

Busan High Court-2018-Nu2210 ( November 30, 2018)

Title

(C) If the address or place of business is not clear, it means a case in which the address or place of business cannot be known despite due care of a good manager.

Summary

(b) It is difficult for the tax authority to regard that the taxpayer’s duty of care was due to due care for a good manager when visiting only one time at his/her spouse’s domicile even though the taxable document was served to the taxpayer’s spouse’s domicile.

Related statutes

Article 8 of the Framework Act on National Taxes

Cases

Supreme Court Decision 2018Du67299

Plaintiff-Appellee

Ma-○

Defendant-Appellant

○○ Head of tax office

Judgment of the lower court

Busan High Court Decision 2018Nu22210 Decided November 30, 2018

Imposition of Judgment

2019.04.11

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

While examining the grounds of appeal in comparison with the records of this case and the judgment of the court below, the argument on the grounds of appeal is deemed not to include or not to be acceptable the grounds under each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal. Therefore, the appeal is dismissed and it is so decided as per Disposition