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(영문) 대법원 2019. 05. 16. 선고 2019두32900 판결
특수관계법인에게 저작권수입의 무상 양도는 부당행위계산에 해당함[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court-2018-Nu-51760 ( October 11, 2019)

Case Number of the previous trial

Cho-2017-China-502 (2017.08)

Title

Transfer of copyright income to a related corporation without compensation is subject to wrongful calculation.

Summary

It is legitimate to impose income tax, etc. on the act that the plaintiff who is a substantial copyright holder transfers the copyright to a related corporation without compensation in accordance with the denial of wrongful calculation.

Related statutes

Article 41 of the Income Tax Act

Cases

Revocation of Disposition Imposing Corporate Tax

Plaintiff-Appellee

Note 00 1

Defendant-Appellant

00. Head of tax office

Imposition of Judgment

on October 16, 2019

Text

1. All appeals are dismissed.

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

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 appellant's grounds of appeal fall under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal and therefore, all of the appeals are dismissed pursuant to Article 5 of the above Act. It is so decided as per Disposition by

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