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(영문) 대법원 2018. 10. 11. 선고 2018두49857 판결
이 사건 법인의 실제 대표자가 원고인지의 여부[국패]
Case Number of the immediately preceding lawsuit

Seoul High Court-2018-Nu-33793 (Law No. 14, 2018)

Title

Whether the actual representative of the corporation of this case is the plaintiff

Summary

There is no fact that the Plaintiff received monthly certain amount of wages from the corporation of this case, nor did the Plaintiff directly raised the establishment fund at the time of incorporation of the corporation. Thus, the Plaintiff cannot be deemed as the actual representative of the corporation of

Related statutes

Article 106 of the Enforcement Decree of Corporate Tax Act

Cases

2018Du49857

Plaintiff-Appellant

KimA

Defendant-Appellee

BB Director of the Tax Office

Judgment of the lower court

Seoul High Court Decision 2018Nu33793 Decided June 14, 2018

Imposition of Judgment

October 11, 2018

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The records of this case and the judgment below and the grounds of appeal were examined, but the appellant's grounds of appeal are examined.

The argument regarding the procedure of appeal does not include the reasons prescribed in the subparagraphs of Article 4(1) of the Act on Special Cases concerning the Procedure of Appeal.

The appeal shall be dismissed in accordance with section 5 of that Act. The appeal shall be dismissed.

The cost of appeal is assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

(a).

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