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(영문) 대법원 2017. 03. 09. 선고 2016두61297 판결
(심리불속행)국세환급금을 지급할 때에는 국세환급가산금을 지급하여야 함[일부국패]
Case Number of the immediately preceding lawsuit

Seoul High Court-2016-Nu-68040 ( October 20, 2016)

Title

When national tax refund is paid, the refund on the refund of national tax shall be paid.

Summary

(2) The head of a tax office shall determine the refund of national taxes if there is a refund to be refunded, and the refund of national taxes shall be added to the refund of national taxes (Article 51 (1) and Article 52 of the Framework Act on National Taxes).

Related statutes

Article 52 (Additional Payment of National Taxes)

Cases

2016du61297 Demanding payment of refund money, etc.

Plaintiff-Appellant

○ General Construction

Defendant-Appellee

Republic of Korea 1

Judgment of the lower court

Seoul High Court Decision 2015Nu68040 Decided October 20, 2016

Imposition of Judgment

on 03.03 09

Text

All appeals are dismissed.

The costs of appeal are assessed against each party, while the costs of appeal between the Plaintiff and Defendant Samsung Tax Office are assessed against the Plaintiff.

Reasons

Although all of the records of this case and the judgment of the court below and the grounds of appeal were examined, the argument on the grounds of appeal is not acceptable or not to exclude the grounds prescribed in the subparagraphs of Article 4(1) of the Act on Special Cases Concerning the

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

March 9, 2017

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