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.