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(영문) 서울고등법원 2014. 01. 08. 선고 2013누22132 판결
외화환산손익은 기업회계기준에서의 특별손익에 해당한다고 보기 어려움[국승]
Case Number of the immediately preceding lawsuit

Suwon District Court 2012Guhap4383 (O1, 2013)

Case Number of the previous trial

National High Court Decision 2012J 2735 (Law No. 29, 2012)

Title

It is difficult to deem that foreign currency exchange profits and losses constitute special profits and losses under the corporate accounting standards.

Summary

In the case of the interpretation of corporate accounting standards, it is difficult to deem that the foreign currency exchange profit or loss of this case constitutes a special profit or loss under the corporate accounting standards in light of the fact that the profit or loss on the conversion of foreign currency assets should be classified as ordinary profit or loss.

Related statutes

Article 63 of the Inheritance Tax and Gift Tax Act;

Cases

2013Nu22132 Revocation of Disposition of Imposing gift tax

Plaintiff-Appellant

AAAA

Defendant-Appellee

Head of the Pakistan Tax Office

Judgment of the lower court

Suwon District Court Decision 2012Guhap4383 Decided November 1, 2016

Imposition of Judgment

on October 08, 2014

Text

The appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Reasons

The reasons for this court's decision are as follows: (a) adding "the foreign currency converted profit and loss was included in the profit and loss from the foreign currency from January 1, 2005 to December 31, 2007 under the standard profit and loss statement (Evidence A5-2)" to the court of first instance; and (b) therefore, it is identical to the reasons for the court of first instance to refer to Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

The judgment of the first instance is justifiable, and the appeal filed by the plaintiff is dismissed.

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