logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015. 11. 27. 선고 2015누33891 판결
소득처분의 귀속시기를 형사판결과 다른게 인정할 수 없음[일부 국패]
Case Number of the immediately preceding lawsuit

Seoul Administrative Court-2014-Gu Joint-3358 (2015.09)

Title

It is not recognized that the period of income disposition belongs to a criminal judgment different from that of the criminal judgment.

Summary

The time when the disposition of income reverts shall follow the result of the criminal judgment.

Related statutes

Article 67 of the Corporate Tax Act

Cases

2015Nu33891. Revocation of disposition of revocation of notice of change in income amount

Plaintiff

AAAAAAAA, a corporation

Defendant

The director of the tax office

Conclusion of Pleadings

October 30, 2015

Imposition of Judgment

November 27, 2015

Text

1. All appeals filed by the plaintiff and the defendant are dismissed. 2. Costs of appeal are assessed against each party.

Purport of claim and appeal

1. Purport of claim

The income amount stated in attached Form 2, which the Defendant rendered to the Plaintiff on January 29, 2013.

Each notification of change shall be revoked.

2. Purport of appeal

A. The plaintiff

The part against the plaintiff which is revoked under the judgment of the court of first instance shall be revoked. The defendant shall January 2013.

29. "Income earner: 207 business year (income earner: 100,000,000)" for the plaintiff;

‘Income earner: 50,000,000)’ for 2007 business year(income earner: 50,000,000) and ‘208 business year(income earner: : 50,000

The notification of changes in the amount of income shall be revoked in each amount of income of "100,000,000".

B. Defendant

The part against the defendant in the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to that part is filed.

each subparagraph.

Reasons

1. Quotation of the reasons for the judgment of the first instance;

This judgment is identical to the reasoning of the judgment of the court of first instance, and thus, it is cited by Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. Conclusion

Therefore, the plaintiff's claim for cancellation of the notice of change in the amount of income for the business year (250,000 won : Kim Jong-tae, : 250,000 won) in the plaintiff's claim of this case shall be accepted for the reasons, and the remainder shall be dismissed for the reasons. The judgment of the court of first instance is just as the conclusion, and the plaintiff and the defendant's appeal are dismissed for all reasons. It is so decided as per Disposition.

arrow