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(영문) 서울고등법원 2013. 05. 09. 선고 2012누29044 판결

합의서 및 소송 사건 합의내역 등을 볼 때 합의서 내용대로 현금을 지급받은 것으로 보임 [국승]

Case Number of the immediately preceding lawsuit

Seoul Administrative Court 201Guhap30984 (24 August 2012)

Case Number of the previous trial

Seocho 201JL 1122 (OO 22, 2011)

Title

In light of the details of the agreement and the case agreement, it is deemed that cash has been received in accordance with the agreement.

Summary

Since the stamp image affixed to the agreement appears to be the same as the stamp image on other agreements and the certificate of personal seal impression, the agreement appears to be a document prepared by the deceased, and then the case between the deceased and the association is terminated by the agreement, etc., the deceased appears to have received cash in accordance with the agreement, so the original disposition is justifiable.

Cases

2012Nu29044 Global income and revocation of disposition

Plaintiff and appellant

NewA

Defendant, Appellant

Gangwon-gu Director of the District Office

Judgment of the first instance court

Seoul Administrative Court Decision 2011Guhap30984 decided August 24, 2012

Conclusion of Pleadings

April 18, 2013

Imposition of Judgment

May 9, 2013

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 court of first instance shall be revoked. The part of the Defendant’s imposition disposition of global income tax of KRW 000,000 against the Plaintiff on August 2, 2010, which exceeds KRW 000,000, shall be revoked.

Reasons

1. Quotation of judgment of the first instance;

The reasons for the judgment of this court are as follows: " alone the descriptions of evidence A 2 through 6" are as follows: " alone the descriptions of evidence A 2 through 6, and evidence A 7 1 through 3"; and "the between the plaintiff and the deceased" is as follows: "the combination of this case (referred to as west)" and "the deceased" in Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act are as follows.

2. Conclusion

The judgment of the first instance is justifiable, and the plaintiff's appeal is dismissed due to lack of grounds.