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(영문) 대법원 2014. 08. 29. 선고 2014두37634 판결
청구인의 계좌에 입금된 쟁점금액을 대여금의 회수가 아닌 증여로 보는 것이 타당함[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court 2014Nu40960 ( March 21, 2014)

Case Number of the previous trial

early 2012 Middle 3697 ( December 10, 2012)

Title

It is reasonable to regard the issue amount deposited in the account of the claimant as a donation not the collection of the loan.

Summary

In light of the fact that it is ordinary to prepare a monetary loan contract at the time of lending money, and that even though a certain amount of money was leased, the claimant fails to present objective data, such as a monetary loan contract and financial transaction evidence, etc., the disposition imposing gift tax by deeming that the amount at issue was donated from 000 was not erroneous.

Related statutes

Article 2 of the Inheritance Tax and Gift Tax Act

Cases

2014Du37634 Revocation of Disposition of Imposition of Gift Tax

Plaintiff-Appellant

Maap○

Defendant-Appellee

Head of Ansan Tax Office

Judgment of the lower court

Seoul High Court 2014Nu40960 ( May 21, 2014)

Imposition of Judgment

The appeal is dismissed.

The petition of appeal does not contain any indication in the grounds of appeal and does not submit the grounds of appeal within the statutory period.

Therefore, (the supplemental appellate brief and supplemental appellate brief were filed after the statutory deadline expires).

In accordance with Article 8(2) of the Transmission Act, Article 429 of the Civil Procedure Act, and Article 5 of the Act on Special Cases Concerning the Procedure of Final Appeal

It is so decided as per Disposition by the assent of all participating Justices.

August 29, 2014

Judges

Justices Kim Jong-○

Justices Shin Shin-young

Justices Lee Dong-young

Justices Kim Il-young

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