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(영문) 대법원 2018. 09. 13. 선고 2018두45787 판결
매출대금을 가수금 계정으로 회계처리하였더라도 명목상의 채무라는 특별한 사정이 없는한 대표자에 귀속된 것임[국승]
Case Number of the immediately preceding lawsuit

Busan High Court-2017-Nu-23957 (Law No. 11, 2018)

Title

It is true that sales proceeds have been reverted to the representative, unless there is a special reason that they are nominal debts, even if the accounts are accounted for in the provisional account.

Summary

(In the event that the sales amount is not entered in the account book, it shall be deemed to be the whole outflow from the company, and special circumstances that it is not the outflow from the company shall be proved by the claimant, and even if the sales amount is kept in cash as a provisional payment, it shall be deemed to have been reverted to the representative, unless there is any special circumstance that it is a nominal processing obligation. Therefore, the representative'

Related statutes

Article 67 (Disposal of Income)

Cases

2018Du45787 The revocation of the disposition of bonus disposition;

Plaintiff-Appellant

AAAAA

Defendant-Appellee

BB Director of the Tax Office

Judgment of the lower court

Busan High Court Decision 2017Nu23957 Decided May 11, 2018

Imposition of Judgment

2018.13

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 grounds of appeal by the appellant are not included in the grounds under each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, and the appeal is dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by the assent of all participating Justices

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