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(영문) 대법원 2012. 06. 14. 선고 2012두6599 판결
(심리불속행) 택수운수업자로서 특수관계자에게 업무와 관련없이 자금을 저가로 대여함[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court 2011Nu23957 (Law No. 15, 2012)

Case Number of the previous trial

Seocho 2010west 2410 ( November 29, 2010)

Title

(C) A loan to a person with a special relationship at a low price without connection with his/her business as a selective recipient.

Summary

(C) If the loan interest rate of 6% per annum is lower than the interest rate of 9% per annum while lending the provisional payment paid to a person with a special relationship who operates a taxi transport business without connection with the business of the corporation, it constitutes wrongful calculation and calculation of wrongful calculation, so the recognized interest rate is to be included in the calculation of unlawful calculation, and the disposition of the loan interest to be imposed by non-inclusion of corporate tax

Cases

2012du6599 Revocation of disposition, such as corporate tax,

Plaintiff-Appellant

AAAAA Corporation

Defendant-Appellee

Head of the Geumcheon Tax Office and one other

Judgment of the lower court

Seoul High Court Decision 2011Nu23957 Decided February 15, 2012

Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal are examined, but the argument on the grounds of appeal by appellant is not included in the grounds provided by each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal and it is recognized that there is no ground, and all appeals are dismissed under Article 5 of the same Act. It is so decided as per

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