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(영문) 대법원 2016. 12. 15. 선고 2016두50495 판결
(심리불속행) 특수관계자가 발생시킨 사고로 지급받은 보험금이 손해액을 초과하여서 부당행위계산 부인규정 적용할 수 없음[국패]
Case Number of the immediately preceding lawsuit

Seoul High Court-2016-Nu-32208 ( August 24, 2016)

Case Number of the previous trial

Seocho 2013west 2604 ( October 22, 2014)

Title

(Trial Disorder) The provision of denial of wrongful calculation shall not apply because insurance money received due to an accident caused by a person with a special relationship exceeds the amount of loss.

Summary

(Trial Disorder) The provision on the denial of wrongful calculation shall not apply to a claim for damages due to the absence of a claim for additional damages against a person with a special relationship in excess of the amount of insurance proceeds received due to an accident caused by a person with a special

Related statutes

Article 52 of the Corporate Tax Act

Cases

2016Du50495 Revocation of Disposition of Corporate Tax Imposition

Plaintiff

AAAAA

Defendant

Samsung Head of Samsung Tax Office

Imposition of Judgment

December 15, 2016

Text

1. All appeals are dismissed.

2. The costs of appeal are assessed against each party.

Reasons

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

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