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(영문) 대법원 2015. 11. 03. 선고 2015두50757 판결
(심리불속행) 법인등기부상 대표이사로 등재된 자는 실질적 대표자로 추정되므로 실질적 운영자가 아니라고 주장하는 자에게 입증책임이 있음[국승]
Case Number of the immediately preceding lawsuit

Busan High Court 2014Nu20735 (Law No. 12, 2015)

Title

The representative director in the corporate register is presumed to be the actual representative, so there is the burden of proof for the person who asserts that he is not the actual operator.

Summary

(Main) The Plaintiff asserted that it is only a representative under the name of the Plaintiff and is not a actual operator, but it is clear that the Plaintiff is the actual representative operated by the Plaintiff through all evidence, and thus, it is reasonable to dispose of the Plaintiff as a bonus.

Related statutes

Article 67 of the Corporate Tax Act

Cases

2015du50757 Global income and revocation of disposition

Plaintiff, Appellant

AA

Defendant, appellant and appellant

Head of Ulsan District Office

The second instance decision

Busan High Court Decision 2014Nu20735 Decided August 12, 2015

Imposition of Judgment

November 3, 2015

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal are assessed against the Defendant.

Reasons

In accordance with Article 8(2) of the Administrative Litigation Act, Article 429 of the Civil Procedure Act, and Article 5 of the Act on Special Cases Concerning the Trial Procedure, since a petition of appeal filed by an appellant does not state any grounds for appeal and the appellate brief is not filed within the statutory period, it is so decided as per Disposition by the assent

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