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(영문) 대법원 2016. 02. 18. 선고 2015두3713 판결

금품 지급의 거래처 귀속이 인정된다면 이는 대표자 상여처분에서 제외함[국패]

Case Number of the immediately preceding lawsuit

Seoul High Court-2015-Nu-631 ( October 29, 2015)

Title

If the transaction partner of the payment of money is recognized, it shall be excluded from the representative bonus disposition.

Summary

It is reasonable to exclude it from the bonus disposition of the representative where it is deemed that it belongs to the customer in payment of money.

Related statutes

Article 67 (Disposition of Income)

Cases

2015Du52326 Revocation of Corporate Tax Imposition Disposition, etc.

Plaintiff-Appellee

○ Stock Company

Defendant-Appellant

○ Head of tax office

Judgment of remand

Supreme Court Decision 2014Du4306 Decided January 29, 2015

Imposition of Judgment

Seoul High Court Decision 2015Nu631 Decided September 4, 2015

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined. The grounds of appeal by the appellant are not included in 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 pursuant to Article 5 of the same Act. It is so decided as per Disposition by the assent