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(영문) 대법원 2019. 07. 04. 선고 2019두35329 판결
(심리불속행)이 사건 회생채권 중 이 사건 차액 부분이 회수불능이 확정된 채권으로서 대손세액공제 대상에 해당하는지 여부[국패]
Case Number of the immediately preceding lawsuit

Busan High Court-2017-Nu-10237 ( October 30, 2019)

Title

Whether the difference in the rehabilitation claim of this case constitutes a claim for which it is impossible to recover, and which is subject to a bad debt tax credit.

Summary

(C) It is difficult to deem that the difference between the rehabilitation claim and the rehabilitation claim is a claim confirmed as impossible by the court’s decision to grant authorization for the rehabilitation plan and the court’s decision to grant immunity under Article 19-2(1)5 of the former Enforcement Decree of the Corporate Tax Act.

Related statutes

Article 45 of the Value-Added Tax Act

Cases

2019Du35329 Disposition to revoke the imposition of value-added tax.

Plaintiff-Appellee

AAAAAAAAAA corporation, which is a trustee of BBBB lawsuit taken place by the debtor, and is a trustee of CCC lawsuit taken place by the debtor.

Defendant-Appellant

D Head of the tax office

Judgment of the lower court

Busan High Court (Chowon) 2017Nu10237

Imposition of Judgment

June 13, 2019

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the appellant's ground of appeal falls under Article 4 of the Act on Special Cases concerning the Trial Procedure, and it is therefore 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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