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(영문) 대전고등법원 2013. 07. 17. 선고 2013누70 판결
기존에 발생한 유보내역을 정리하는 반대의 세무조정으로 과세한 처분은 적법[국승]
Case Number of the immediately preceding lawsuit

Cheongju District Court 2012Guhap1506 ( December 06, 2012)

Case Number of the previous trial

Cho High 2012 Before 0068 (20 April 20, 2012)

Title

Any disposition that is imposed by tax adjustment against the existing reservation details is legitimate.

Summary

Since there is a need for tax adjustment against the opposition to arranging the existing reservation details in the 2009 business year in which the monetary swap contract is terminated, all of the amounts disposed of as the previous (-) reservation should be disposed of as the reserve. Therefore, it is legitimate to dispose of them as additional non-deductible and as + reserve and to impose corporate tax.

Cases

(Cheongju)The revocation of the disposition of imposing corporate tax;

Plaintiff and appellant

AAAAP Co., Ltd.

Defendant, Appellant

Head of Cheongju Tax Office

Judgment of the first instance court

Cheongju District Court Decision 2012Guhap1506 Decided December 6, 2012

Conclusion of Pleadings

June 19, 2013

Imposition of Judgment

July 17, 2013

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The judgment of the first instance shall be revoked. The defendant's disposition of imposing corporate tax of KRW 000 on the plaintiff on November 1, 201 shall be revoked.

Reasons

The reasoning of this Court is as stated in the reasoning of the first instance judgment, and it is cited as it is in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act. If so, the plaintiff's claim is dismissed as it is without merit, and the judgment of the first instance is just as it is concluded, and the plaintiff's appeal is dismissed as it is without merit, and it is so decided as per Disposition.

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