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(영문) 대법원 2017. 12. 21. 선고 2017두59932 판결

(심리불속행) 투하자본 회수를 위한 대출금의 지급이자는 필요경비에 해당한다고 봄이 타당함[국패]

Case Number of the immediately preceding lawsuit

Seoul High Court (Chuncheon)-2015-Nu702 (Law No. 21, 2017)

Case Number of the previous trial

Early High Court Decision 2013J 4681 (Law No. 1284, 2014)

Title

It is reasonable to view that interest paid on loans to recover invested capital constitutes necessary expenses.

Summary

(C) The loan interest paid on the debt directly used to obtain the total amount of income shall be deemed to constitute necessary expenses, and the loan interest paid on the debt directly used to obtain the total amount of income.

Related statutes

Article 27 (Calculation of Necessary Expenses of Business Income)

Article 55 (Calculation of Necessary Expenses of Business Income)

Cases

2017Du59932 Revocation of Disposition of Imposing global income tax, etc.

Plaintiff-Appellee

AA

Defendant-Appellant

BB Director of the Tax Office

Judgment of the lower court

Seoul High Court (Chuncheon) Decision 2015Nu702 Decided August 21, 2017

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

심급 사건
-서울고등법원춘천재판부 2017.8.21.선고 2015누702