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(영문) 대법원 2016. 08. 25. 선고 2016두40245 판결
(심리불속행) 경정이 있을 것을 미리 알고서 경비에 대한 수정신고를 하고 사외유출된 금액을 회수한 것임[국승]
Case Number of the immediately preceding lawsuit

Busan High Court-2015-Nu11892 (Law No. 04, 2016)

Title

(A) A revised report on expenses shall be filed with the prior knowledge that a correction would be made and the amount of outflow from the company shall be recovered after the revised report is filed.

Summary

(Summary of the original instance) The disposition of income shall not be deemed as internal reserve because it falls under the case of inclusion of the amount out of the company with prior knowledge that the correction would take place, as it does not collect expenses by voluntary efforts, but the revised report shall be filed with the content that the expenses would not be included in the calculation of the amount of the processing expenses.

Related statutes

Article 106 (Disposition of Income)

Cases

Supreme Court Decision 2016Du40245

Plaintiff-Appellant

△△ Co., Ltd.

Defendant-Appellee

○ Head of tax office

Judgment of the lower court

Busan High Court (Chowon) Decision 2015Nu11892 Decided May 4, 2016

Imposition of Judgment

2016.08.25

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

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 by the appellant 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. Thus, the appeal is dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by the assent

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