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(영문) 대법원 2015. 08. 27. 선고 2015두43360 판결
(심리불속행) 법인의 매출누락액은 특별한 사정이 없는 한 매출누락액 전액이 사외로 유출된 것으로 보아야 함[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court-2014-Nu-64232

Title

(In the absence of special circumstances, the amount omitted in the sale of a corporation shall be deemed to have been leaked to the extent that the total amount omitted in the sale was leaked.

Summary

(C) If there is any special circumstance that the omission in sales was not leaked out of the company, the legal entity asserting the omission in sales must prove that the omission was not leaked.

Related statutes

Article 19 of the Corporate Tax Act

Article 106 of the Enforcement Decree of Corporate Tax Act

Cases

2015Du4360

Plaintiff-Appellant

○○○○○○○

Defendant-Appellee

○ Head of tax office

Judgment of the lower court

Seoul High Court 2014Nu64232

Imposition of Judgment

2015.08.27

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

All of the judgment below and the appellate brief examined the records of this case, but the appellant's grounds of appeal are not included in the grounds provided by each subparagraph of Article 4 (1) of the Act on Special Cases Concerning the Procedure of Appeal, or are recognized to be groundless. Thus, the appeal is dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by the assent of

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