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(영문) 대법원 2012. 08. 17. 선고 2012두9550 판결
(심리불속행) 대출계약이 진의와 표시가 불일치하는 통정허위표시로서 가장행위에 해당한다고 보기 어려움[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court Decision 2011Nu31453 Decided April 6, 2012

Case Number of the previous trial

Cho High Court Decision 2010Du3038 ( December 02, 2010)

Title

(C) It is difficult to see that the loan contract constitutes the most serious act as a conspiracy with others who are inconsistent with the truth and indication.

Summary

(C) In light of the above legal principles, it is difficult to deem that the above loan contract constitutes an act of misrepresentation as a false representation, since it is difficult to deem that the above loan contract constitutes an act of misrepresentation as a false representation, since it is difficult to deem that the above loan contract constitutes an act of misrepresentation as a false representation, since it is difficult to deem

Cases

2012du9550 Revocation of revocation of revocation of reduction or rectification of corporate tax

Plaintiff-Appellant

XX Co., Ltd

Defendant-Appellee

Head of Yeongdeungpo Tax Office

Judgment of the lower court

Seoul High Court Decision 2011Nu31453 Decided April 6, 2012

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the grounds of appeal by the appellant are not included in the grounds prescribed in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal. Thus, the appeal is dismissed in accordance with Article 5 of the same Act. It is so decided as per Disposition by

Reference materials.

If the grounds for final appeal are not included in the grounds of appeal that make it appropriate for the court of final appeal to become a legal trial, such as matters concerning significant violation of Acts and subordinate statutes, etc., the system of final appeal will not continue to proceed with the deliberation on the merits of the grounds for final appeal, but will not proceed with the deliberation on the merits of the grounds for final

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