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(영문) 서울고등법원 2013. 07. 19. 선고 2013누2718 판결
원고가 사용료를 실제 지급하였다고 보여지므로 가공 경비로 과세한 처분은 위법함 [국패]
Case Number of the immediately preceding lawsuit

Seoul Administrative Court 2012Guhap24832 ( December 20, 2012)

Case Number of the previous trial

Examination Income 2012-002 (23 March 2012)

Title

Since the plaintiff seems to have actually paid user fees, the disposition imposed as processing expenses is unlawful.

Summary

In full view of the fact that it is difficult to regard the user fee as the processing cost, etc., the disposition of global income tax imposed on deeming the processing cost as the processing cost is unlawful.

Cases

2013Nu2718 Global Income and Revocation of Disposition

Plaintiff and appellant

AA

Defendant, Appellant

Samsung Head of Samsung Tax Office

Judgment of the first instance court

Seoul Administrative Court Decision 2012Guhap24832 decided December 20, 2012

Conclusion of Pleadings

June 7, 2013

Imposition of Judgment

July 19, 2013

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim

The disposition of imposition by the Defendant against the Plaintiff on May 23, 2011 on the global income tax of 2005 shall be revoked.

Purport of appeal

The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.

Reasons

The reasons for this decision are as stated in the judgment of the court of first instance.

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

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