Daejeon High Court 2014Nu10156 (Law No. 29, 2014)

Cho High Court Decision 2013Na0324 (No. 24, 2013)

(C) The secured obligation of contributed property falls under the supply of goods by means of onerous donation.

(The gist of the judgment of the court below) The instant obligation is not directly repaid by the Plaintiff, but the instant corporation provided the instant real estate as collateral and repaid the amount of loan to the financial institution, and thus the disposition imposing value-added tax on the property donated as collateral donation is justifiable.

Article 39 of the Enforcement Decree of the Value-Added Tax Act; Article 12

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the allegation in the grounds of appeal by appellant falls under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal and therefore, the appeal is dismissed under Article 5 of the Act. It is so decided as per