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.,