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(영문) 대법원 2016. 02. 18. 선고 2015두56090 판결
원고는 법인세법 제52조에서 규정하는 특수관계자에 해당함.[국승]
Case Number of the immediately preceding lawsuit

Daegu High Court 2014Nu6976 (20150925)

Title

The plaintiff constitutes a specially related person under Article 52 of the Corporate Tax Act.

Summary

The plaintiff is a person who is recognized as exercising de facto influence over the management of the corporation, such as exercising the right to appoint officers or determining the business policy, and falls under a specially related person.

Dismissal of Disorder in Trial

Related statutes

Article 14 of the Framework Act on National Taxes

Cases

2015du56090 Detailed and revocation of global income and revocation thereof.

Plaintiff-Appellant

AA

Defendant-Appellee

BB Head of the Tax Office

Judgment of the lower court

Daegu High Court Decision 2014Nu6624 Decided October 16, 2015

Imposition of Judgment

February 18, 2016

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the appellant’s grounds of appeal are not included in the grounds provided by each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal. Accordingly, the appeal is dismissed pursuant to Article 5 of the same Act and the costs of appeal are assessed against the losing party. It is so decided

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