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(영문) 대법원 2011. 04. 28. 선고 2011두1313 판결
(심리불속행) 손해배상금을 갈음하여 보증채무 대위변제시 구상권 발생여부[국패]
Case Number of the immediately preceding lawsuit

Seoul High Court 2010Nu14857 ( December 09, 2010)

Title

(Incompetence of Trial) Whether or not a right to indemnity has occurred when subrogation is made in lieu of damages.

Summary

(main point of the original trial) The act of paying a guaranteed debt as a substitute for damages for the damages incurred by the unilateral discontinuance of a construction contract, and the disposition of non-deductible expenses equivalent to the loss amount is unreasonable.

Cases

2011Du1313. Revocation of revocation of disposition imposing corporate tax

Plaintiff-Appellee

○ Industry Co., Ltd.

Defendant-Appellant

○ Head of tax office

Judgment of the lower court

Seoul High Court Decision 2010Nu14857 Decided December 9, 2010

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

Although all of the records of this case and the judgment of the court below and the grounds of appeal were examined, the argument on the grounds of appeal by the appellant falls under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal and therefore, the appeal is dismissed under Article 5 of the same Act. It is so decided as per Disposition

Reference materials.

If the grounds of final appeal are not included in the grounds of final appeal that make it appropriate for the court of final appeal to become a legal trial, such as matters concerning significant violation of Acts and subordinate statutes, etc., the system of trial without continuing the deliberation on the merits of the grounds of final appeal, and refers to the system of dismissal of final appeal by judgment without continuing the deliberation on the merits of the grounds of final appeal (see this case, e.g.,

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