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(영문) 대법원 2017. 05. 31. 선고 2017두35493 판결
원고가 지급받은 금전의 가액이 이 사건 변경계약에 따라 당초 이행하여야 하는 총금액을 넘는다고 볼 수 없다.[국패]
Case Number of the immediately preceding lawsuit

Seoul High Court-2016-Nu-59579 ( January 26, 2017)

Title

The value of money received by the Plaintiff shall not be deemed to exceed the total amount to be performed initially in accordance with the instant modified contract.

Summary

Although the money of this case can be seen as penalty or compensation for other income, it cannot be deemed that the money of this case is a monetary compensation for damages exceeding the benefits to be paid under the modified agreement of this case.

Related statutes

Enforcement Decree of the Income Tax Act (amended by Presidential Decree No. 24356, Feb. 15, 2013; hereinafter the same shall apply) Article 51(3)4 / [Calculation of Gross amount of income]

Cases

2017Du35493 Detailed income and revocation of disposition of global income

Plaintiff

xAA

Defendant

BB Director of the Tax Office

Imposition of Judgment

May 31, 2017

Text

1. The appeal is dismissed.

2. The costs of appeal are assessed against the Defendant.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the argument on the grounds of appeal by the appellant is clear that it falls under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal

The appeal is dismissed in accordance with Article 5 of the same Act. It is so decided as per Disposition by the assent of all participating Justices.

It is so decided as per sentence.

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