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(영문) 대법원 2017. 02. 02. 선고 2016두59638 판결
(심리불속행) 원고가 회수한 금액이 원금에 미달하고 그 일부를 회수할 없음이 객관적으로 명백하므로 이자소득은 없는 것임[국패]
Case Number of the immediately preceding lawsuit

Seoul High Court-2016-Nu-46252 ( October 18, 2016)

Title

(D) It is objectively apparent that there is no interest income since the amount recovered by the Plaintiff falls short of the principal and part of it is not recovered.

Summary

(Summary) The amount of interest income accrued as a result of the settlement of accounts is the entire amount of principal and interest accrued until 2009 with an independent bond separate from the existing loan credit, and the loan credit in 2010 was objectively and objectively unrecoverable at the time of the instant disposition and the amount actually recovered falls short of the principal amount so the total amount of interest income in 2010 does not exist.

Related statutes

Article 51 of the Enforcement Decree of the Income Tax Act

Cases

2016Du59638 Requests for Return of Global Income Tax

Plaintiff-Appellee

AA

Defendant-Appellant

YThe director of the tax office

Judgment of the lower court

Seoul High Court Decision 2016Nu46252 Decided October 18, 2016

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the argument on the grounds of appeal by the 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 same Act. It is so decided as

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