logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2016. 01. 14. 선고 2015두51712 판결
(심리불속행) 위약금채권과 구상금채권이 이중으로 익금으로 산입될 수 없음[국패]
Case Number of the immediately preceding lawsuit

Seoul High Court-2015-Nu-37824 ( August 18, 2015)

Case Number of the previous trial

Seocho 2012,0199 ( October 15, 2014)

Title

(Incompetence of Hearing) Penalty claims and indemnity claims shall not be included in the gross income double.

Summary

(C) It is difficult to deem that there was a practical increase in assets merely because of the fact that a part of the damage incurred due to nonperformance was compensated for by appropriating the claim such as the indemnity amount for which the down payment under the down payment was finalized.

Related statutes

Article 52 of the Corporate Tax Act

Cases

2015Du51712 Revocation of Disposition of Imposing Corporate Tax

Plaintiff

AA Stock Company

Defendant

Head of the District Tax Office

Imposition of Judgment

on 14, 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

arrow