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(영문) 대법원 1975. 11. 11. 선고 74누202 판결
[행정처분취소][공1975.12.15.(526),8728]
Main Issues

The validity of a disposition imposing corporate tax on the company's income that constitutes an enterprise bond prescribed in Article 10 of the Emergency Order for the Stabilization and Growth of the Economy and thus becomes exempted from liability pursuant to Article 18 of the same Emergency Order

Summary of Judgment

The disposition imposing corporate tax on the income exempted pursuant to Article 18 of the same emergency order because the borrowed amount deposited by the company from the non-party as the borrowed amount constitutes corporate bonds stipulated in Article 10 of the Emergency Order on the Stabilization and Growth of Economy and the creditor's report is not filed.

Plaintiff-Appellant

Korea-U.S. Agricultural Chemicals Corporation

Defendant-Appellee

Litigation Performers of the Daegu East-gu Head of the District Tax Office, Doctrine,

Judgment of the lower court

Daegu High Court Decision 73Gu95 delivered on July 9, 1974

Text

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

Reasons

The grounds of appeal are examined.

In this case where there are no other circumstances according to the records and the original judgment, it is justifiable to conclude that the Plaintiff Company borrowed 37,418,000 won, which was deposited from the Non-Party Park Young-hee in the name of a gold, as a loan from the same person. This loan constitutes a corporate bond as provided in Article 10 of the Emergency Order on Economic Stabilization and Growth (PPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPP

Therefore, the appeal is dismissed without any reason and the costs of the lawsuit are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kang Jeong-hee (Presiding Justice)

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