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(영문) 서울고등법원 2016. 08. 26. 선고 2015누63465 판결
 OTC와 ELW거래는 회피된 조세가 없으므로 실질과세원칙을 적용할 수 없음[국패]
Case Number of the immediately preceding lawsuit

Seoul Administrative Court-2014-Gu Partnership-7012 ( October 07, 2015)

Case Number of the previous trial

Cho High-2014-Seoul Government-036 (Law No. 23, 2014)

Title

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Summary

(In other words, the entire business year only differs from the year to which the profit and loss are attributed, and the principal tax to be additionally paid is not a problem, and the substance over form principle cannot be applied as it is a matter of reporting and additional tax in a post facto aspect.

Related statutes

Article 4 of the Corporate Tax Act

Cases

2015Nu63465 Revocation of Disposition of Corporate Tax Imposition

Plaintiff-Appellant

OOOOOOcyd

Defendant-Appellee

○ Head of tax office

Judgment of the lower court

Seoul Administrative Court Decision 2014Guhap70112 Decided October 07, 2015

Imposition of Judgment

2016.08.26

Text

1. The defendant's appeal is dismissed.

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

Reasons

1. Quotation of the reasons for the judgment of the first instance;

The reason for this decision is the same as the reason for the judgment of the court of first instance, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the

2. Conclusion

Therefore, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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