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(영문) 대법원 2016. 07. 14. 선고 2016두38051 판결
가산세를 면제할 정당한 사유가 있는지 여부[국패]
Case Number of the immediately preceding lawsuit

Seoul High Court 2015Nu53468 (Law No. 15, 2016)

Title

Whether there are justifiable grounds for exemption from additional tax

Summary

It seems that there is a justifiable reason that it is not attributable to the plaintiff's neglect of the plaintiff's duty to pay foreign tax amount to the plaintiff. Therefore, since the plaintiff's excessive application for refund cannot be imposed additional tax, the rejection disposition of this case is illegal.

Related statutes

Article 48 (1) of the Framework Act on National Taxes

Cases

2016Du38051 The revocation of revocation of application for refund

Plaintiff-Appellant

A

Defendant-Appellee

Samsung Head of Samsung Tax Office

Judgment of the lower court

Seoul High Court Decision 2015Nu53468 Decided April 15, 2016

Imposition of Judgment

July 14, 2016

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

While examining the grounds of appeal in comparison with the records of this case and the judgment of the court below, the ground of appeal on the grounds of appeal is not deemed to have been rejected or not.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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