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(영문) 대법원 2016. 09. 09. 선고 2016두45301 판결
(심리불속행) 부과제척기간이 경과하여 한 부과처분은 무효임[국패]
Case Number of the immediately preceding lawsuit

Seoul High Court-2015-Nu-62998 ( October 14, 2016)

Title

(D) Any disposition for imposition after the expiration of the exclusion period for imposition shall be null and void.

Summary

(main point of the original trial) Even if a notice of tax payment was served on one of the persons jointly and severally liable for tax payment, it cannot be said that such notice takes effect on other persons jointly and severally liable for tax payment.

Cases

Supreme Court Decision 2016Du45301

Plaintiff-Appellee

OOO

Defendant-Appellant

Samsung Head of Samsung Tax Office

Judgment of the lower court

Seoul High Court 2015Nu62998

Imposition of Judgment

September 9, 2016

Text

1. The appeal is dismissed

2. The costs of appeal are assessed against the Defendant.

Reasons

Examining the judgment of the court below and the grounds of appeal, the ground of appeal by the appellant does not include the reasons under each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, but is deemed to fall under each subparagraph of paragraph (3). Thus, the appeal is dismissed under Article 5 of the same Act. It is so decided as per

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