Case Number of the immediately preceding lawsuit
Seoul High Court-2016-Nu-47934 ( November 11, 2016)
Title
Disposal of income to a person who has reverted to corporate funds;
Summary
Even if there is a damage claim for the embezzlement fund in the company, if there is an economic interest between the embezzlement and the company, it shall be considered as the outflow from the company, and if there is no economic interest, it shall be deemed as the internal reservation
Related statutes
Article 106 (1) 2 of the Enforcement Decree of the former Corporate Tax Act
Cases
2016du62504 Notice of change in amount of income
Plaintiff
BBB
Defendant
AA Head of the Tax Office
Conclusion of Pleadings
oly 2017.17
Imposition of Judgment
oly, 2017.16
Text
All appeals are dismissed.
Costs of appeal shall be borne by 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 appellant's grounds of appeal are 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 appeals are dismissed pursuant to Article 5 of the same Act and the costs of appeal are borne by each party. It is so decided as per Disposition