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(영문) 대법원 2017. 03. 30. 선고 2016두65060 판결
(심리불속행) 채무자가 수개의 채무비용 및 이자를 지급할 경우 비용, 이자, 원본의 순서로 변제에 충당함[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court-2015-Nu-67894 ( December 02, 2016)

Title

(1) If a debtor pays several debts and interest, such expenses, interest, and interest shall be appropriated in the order of the principal.

Summary

(1) If the obligor pays expenses and interest of several obligations, and the person performing the obligation is unable to discharge the entire obligation, such performance shall be appropriated in the order of the expenses, the interest and the principal, and if the expenses, the interest and the principal are equal to the obligor’s performance, the principal shall be appropriated for the repayment of the obligation which first became due.

Related statutes

Article 16 of the former Income Tax Act

Cases

2016du65060 global income and revocation of disposition

Plaintiff and appellant

Section AA

Defendant, Appellant

D Head of the tax office

The second instance decision

Seoul High Court on December 2, 2016 2015Nu67894

Judgment of the first instance court

Seoul Administrative Court-2014-Gu 2229 ( October 30, 2015)

Imposition of Judgment

March 30, 2017

Text

1. The appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiff.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the assertion on the grounds of appeal by the appellant falls under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal and therefore, the appeal is dismissed under Article 5 of the same Act. It is so decided as per Disposition

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