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(영문) 서울고등법원 2014. 11. 26. 선고 2014누58701 판결
쟁점학원이 지급한 광고비를 제외한 모든 광고를 무료로 게재하고 있는 월간지에 지출한 광고비는 비지정기부금으로 보는 것임[국승]
Case Number of the previous trial

early 2012 Heavy 4440 ( December 17, 2012)

Title

It is that all advertising expenses other than the advertising expenses paid by the institute of major issues shall be free of charge and the advertising expenses paid in a monthly publication in which it is published shall be deemed non-designated donations

Summary

In addition to the advertising expenses paid by the institute of major issues, all advertisements other than the advertising expenses are published free of charge, and the space of the institute of major issues is not more than 1/6, 1/12 of the Foundation, but only the institute of major issues pays advertising fees, the advertising expenses are not determined as non-designated donations, but as non-designated donations.

Related statutes

Article 34 (Non-Inclusion of Donations in Necessary Expenses)

Cases

Seoul High Court 2014Nu58701 ( November 26, 2014)

Plaintiff and appellant

door-○

Defendant, Appellant

○ Head of tax office

Judgment of the first instance court

2014.06.26

Conclusion of Pleadings

oly 22, 2014

Imposition of Judgment

November 26, 2014

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the first instance shall be revoked. The Defendant’s global income tax for the year 2009 against the Plaintiff on July 2, 2012

23,670,480 won, local income tax of 2,367,040 won for year 209, global income tax of 2010

Each disposition of imposition of KRW 107,204,420, and KRW 10,720,440 for local income tax for year 2010 shall be revoked.

Reasons

The reasons for this court's decision are as follows: 16 '46,145,738 '6 '46,738 '5 '6' among the facts found in the judgment of the court of first instance' '360,00 '360,000 '' '23,756,39 '2' '17 '14,146,149 '13,440 '18 '6,427,635 '6,635 ' '18 ' '101,550 '', '15,131,978 '' '19 ' '18,616,920 ''' '10,300 ' ',00 ' ',00 ' ',00 ' '19 ' '19 ' '6,920 '

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and it is so decided as per Disposition.

Judges

Justices Cho Jae-hoon, et al.

Judges Jeong-○

Judges Lee Dong-○

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