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(영문) 서울고등법원 2014. 08. 29. 선고 2014누1729 판결

원고들이 제출한 증거들만으로는 광고선전비 등을 추가로 지출하였음을 인정하기 부족함[국승]

Case Number of the immediately preceding lawsuit

Seoul Administrative Court-2012-Gu Partnership-38916 ( October 16, 2014)

Case Number of the previous trial

Cho-2012-west-1845 (2012.07.04)

Title

It is insufficient to recognize that the evidence alone submitted by the plaintiffs has additionally spent advertising expenses, etc.

Summary

With respect to the omission of the cost corresponding to omitted income, it is in accordance with the rule of experience and the principle of equity to assert and prove by a taxpayer who seeks separate deductions.

Cases

2014Nu1729 Revocation of Disposition of Imposition of Corporate Tax, etc.

Plaintiff and appellant

AAAAA

Defendant, Appellant

Head of Yeongdeungpo Tax Office

Judgment of the first instance court

Seoul Administrative Court Decision 2012Guhap38916 decided January 16, 2014

Conclusion of Pleadings

July 25, 2014

Imposition of Judgment

August 29, 2014

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 court is revoked. On February 13, 2012, the defendant imposed corporate tax on the plaintiff for the 2010 business year belonging to the plaintiff and the person to whom the income belongs shall be bbb and the notification of the change in the amount of income disposed of as the bonus of the OOOOOOOO directors for the 2010 business year shall be revoked.

Reasons

1. Quotation of the reasons for the judgment of the first instance;

The reason for this decision is the same as the reason for the judgment of the court of first instance, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the

2. Conclusion

Therefore, the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.