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(영문) 대전고등법원 2016. 04. 20. 선고 2015누10330 판결
가지급금인정이자를 미수이자로 계상한 후 1년이 되는 날까지 회수하지 아니하는 금액은 상여처분함[국승]
Case Number of the immediately preceding lawsuit

Cheongju District Court-2014-Gu Partnership-1081 ( October 16, 2015)

Case Number of the previous trial

Cho High 2014 Jeon 1962 (O6.30)

Title

The amount which is not recovered by the date on which one year has passed after the provisional payment interest is appropriated as an attempted interest shall be disposed of as bonus.

Summary

(as with the judgment of the court of first instance) The representative's provisional payment interest rate shall be appropriated as a failed amount, and it is reasonable to dispose of the bonus as it is not objectively proved that there is a justifiable reason for not recovering the amount, or that it will be recovered, within one year after the provisional payment interest rate

Cases

Daejeon High Court (Cheongju) 2015Nu1030 Notice of Change in Income Amount

Plaintiff, Appellant

0 Construction Co., Ltd.

Defendant, appellant and appellant

00. Head of tax office

Judgment of the first instance court

Cheongju District Court Decision 2014Guhap1081 Decided October 16, 2015

Conclusion of Pleadings

2016.03.23

Imposition of Judgment

2016.04.20

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 shall be revoked. On January 9, 2014, the defendant revoked the notification of the change in the amount of income in KRW 51,687,377 as of January 2009 and the notification of the change in the amount of income in KRW 215,00,000 as of January 21, 201 with respect to the plaintiff Kim0.

Reasons

The reasoning for the court's explanation on this case is the same as that for the judgment of the court of first instance, and thus, this is acceptable in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

Therefore, the judgment of the court of first instance is justifiable, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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