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(영문) 대법원 2010. 09. 09. 선고 2010두8997 판결

인정상여 과세처분에 대하여 실질대표자가 아니라는 주장의 당부[국패]

Case Number of the immediately preceding lawsuit

Seoul High Court 2009Nu2071 (Law No. 23, 2010)

Case Number of the previous trial

Seoul Administrative Court 2008Guhap50278 ( October 12, 2009)

Title

The legitimacy of the assertion that the taxation disposition was not a real representative

Summary

Even if the plaintiff is a real representative, it does not constitute a person who owns more than 30% of the shares as its officers, and the representative on the registry used the management of the corporate seal imprint, and the employees of the corporation stated that the representative exercised authority over all payments and revenues, and paid the salary and the bonus, it cannot be deemed that the plaintiff is a real representative subject to disposition by recognizing the plaintiff.

The decision

The contents of the decision shall be the same as attached.

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, but the grounds of appeal on the grounds of appeal are not included in the grounds provided by 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