Gwangju High Court 2010Nu84 ( October 20, 2010)

early 208 Mine3448 ( December 15, 2008)

Whether the amount received as compensation for the non-performance of penalty following the cancellation of a sales contract is other income

In addition to the forfeiture of penalty due to the default of obligation by the transferee, the amount received more under the pretext of introduction expenses cannot be deemed as the compensation for damages paid to compensate the actual losses of the plaintiff, so the taxation should be deemed as other income,

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

쇠지지 지은은 3000 개은은은은은 3000 아은은은은은은은 3000 아은은은은은 3000 아은은은은 3000 아은은 30020 이 11979 global income, and revocation thereof.

NewA

Head of Seogju Tax Office

Article 44 of the judgment of the court below 【300 【300 【3000 【3000 【3000 executeu300 principal High Court Decision 2010Nu84 decided May 20, 2010

쇠은은 이 개은은은 3000 개은은은 3000 개은은은은은 3000 이 이 이 3000 fishery 28 October 28, 2002

The part against the defendant shall be reversed, and the judgment of the first instance shall be revoked, and this part of the lawsuit shall be dismissed.

The plaintiff's appeal is dismissed.

The Defendant’s total costs of litigation in the dismissed part are assessed against the Plaintiff.

1. First, we judge the part of the appeal by the defendant ex officio.

According to the records, the defendant's decision of correction of the disposition of this case against the defendant on September 3, 2010, which was subsequent to the filing of the appeal of this case, is recognized as having revoked the disposition of imposition exceeding KRW 243,657,065 among the disposition of imposition of global income tax for the year 2008. Thus, the lawsuit seeking revocation of the disposition of this case is sought for revocation of the disposition of this case, and thus, it should be dismissed.

The judgment of the court below ordering cancellation of the disposition of imposition in respect of this part of the lawsuit can no longer be maintained.

2. Next, we examine the Plaintiff’s grounds of appeal.

Article 21 (1) 10 of the former Income Tax Act (amended by Act No. 9270 of Dec. 26, 2008) provides that "a penalty or compensation received due to a breach or termination of a contract shall be one of "other income". Article 41 (7) of the Enforcement Decree of the Income Tax Act provides that "compensation for breach or termination of a contract on property rights" refers to compensation for breach or termination of a contract on property rights, which is the value of money or other goods to compensate for damages in excess of the actual damages due to the payment itself, which is the contents of the original contract regardless of its name." Thus, if a seller receives money as compensation for damages from a buyer by agreement cancellation of a contract on the buyer's default, if it is paid to compensate for damages, it shall not be subject to taxation as other income under the Income Tax Act (see, e.g., Supreme Court Decision 2002Du3942, Apr. 9, 2004).

The remaining grounds of appeal are the purport of the judgment below's erroneous fact-finding by violating the rules of evidence, but the fact-finding and the selection and evaluation of evidence conducted on the premise of fact-finding belong to the exclusive authority of the fact-finding court unless they exceed the bounds of the principle of free evaluation of evidence. Thus, even if the reasoning of the judgment below is examined in light of the records, there is no violation of the rules of evidence selection as to the probative value of evidence adopted by the court below, and there is no violation of the rules of logic and experience or violation of the principle of free evaluation of evidence. Thus, the above ground of appeal

3. Therefore, the part of the judgment of the court below against the defendant shall be reversed, and since it is deemed sufficient for this court to render a judgment directly, it shall revoke the judgment of the court of first instance and dismiss this part of the lawsuit. The plaintiff's appeal shall be dismissed, and the costs of appeal concerning the dismissal of the lawsuit are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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