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(영문) 대법원 2019. 02. 28. 선고 2018두62096 판결
(심리불속행) 횡령행위 당시부터 회수를 전제하지 않은 것으로 볼 수 없는 특별한 사정이 있다고 볼 수 없음[국승]
Case Number of the immediately preceding lawsuit

Busan High Court-2018-Nu2205 ( October 19, 2018)

Title

(C) No special circumstance exists that cannot be deemed as not premised on recovery from the time the embezzlement was committed.

Summary

(C) If a representative director, etc.’s intent is identical to a corporation’s intent, or if a representative director, etc.’s economic interest is in fact inconsistent with the corporation’s intent, it is difficult to deem that there are special circumstances, which cannot be viewed as not premised on recovery from

Related statutes

Article 67 of the Corporate Tax Act

Cases

Supreme Court Decision 2018Du62096 Decided revocation of a request for rectification of earned income tax

Plaintiff-Appellant

○○○○○○○

Defendant-Appellee

The head of the tax office

Judgment of the lower court

Busan High Court Decision 2018Nu22005 Decided October 19, 2018

Imposition of Judgment

.02.28

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The records of this case and the judgment of the court below and the grounds of appeal were examined. However, the grounds of appeal on the grounds of appeal are not included in the grounds stipulated in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal. Therefore, the appeal is dismissed pursuant to Article 5 of the Act. It is so decided as per Disposition

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