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(영문) 대법원 2018. 06. 28. 선고 2018두41815 판결
(심리불속행) 원고에게는 후발적인 사유로 이자소득이 실현되지 아니함[국패]
Case Number of the immediately preceding lawsuit

Seoul High Court-2017-Nu 74469 ( April 4, 2018)

Case Number of the previous trial

Early High Court Decision 2016Du2412 ( December 29, 2016)

Title

(B) If the interest income is not realized due to a subsequent cause to the Plaintiff, the interest income is not realized.

Summary

(C) The Plaintiff cannot be deemed to have paid interest income or other income to the Plaintiff, since it appears that there was no possibility of collection in the future regarding the principal.

Related statutes

Article 16 of the Income Tax Act

Cases

2018Du41815 Global Income and Revocation of Disposition

Plaintiff-Appellee

○ Kim

Defendant-Appellant

○ Head of tax office

Judgment of the lower court

Seoul High Court Decision 2017Nu74469 Decided April 4, 2018

Imposition of Judgment

2018.06.28

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

Examining the lower judgment and the grounds of appeal, the grounds of appeal by appellant are not included in the grounds of appeal under each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, or are deemed to fall under each subparagraph of paragraph (3). Therefore, the appeal is dismissed under Article 5 of the same Act. It is so decided as per

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