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(영문) 광주고등법원 2014. 04. 14. 선고 2013누920 판결
폐업시 대차대조표에 계상한 가지급금의 대표자 상여처분은 정당함[국승]
Case Number of the immediately preceding lawsuit

Jeonju District Court 2012Guhap399 ( October 23, 2013)

Case Number of the previous trial

Examination Income 2011-117 ( June 22, 2011)

Title

A disposition of a representative of the provisional payment made on the balance sheet at the time of closure shall be justified;

Summary

It is reasonable to see that the special relationship has ceased to exist on the date of closedown because the corporation could not find any substantial business trace after the date of closedown even if it did not go through dissolution procedures, and that the representative has the burden of proof for the claimant who is not the actual operator.

Related statutes

Article 67 of the Corporate Tax Act, Article 106 of the Enforcement Decree of the Corporate Tax Act / [Disposition of Disposition

Cases

(B)2013Nu920 global income and revocation of such disposition;

Plaintiff and appellant

EAA

Defendant, Appellant

The Director of the North Korean Tax Office

Judgment of the first instance court

Jeonju District Court Decision 2012Guhap3399 Decided October 23, 2013

Conclusion of Pleadings

March 31, 2014

Imposition of Judgment

April 14, 2014

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The judgment of the first instance shall be revoked. The defendant's disposition of imposition of the global income tax on February 1, 201 against the plaintiff on February 1, 201 shall be revoked.

Reasons

The court's reasoning concerning this case is as follows: Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act are as follows, except for the addition of No. 10 to No. 7 of the judgment of the court of first instance. 10.

Therefore, the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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