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(영문) 대법원 2013. 05. 09. 선고 2013두1423 판결
(심리불속행) 합의서를 작성할 당시 담보를 받았다 하더라도 실제 정한 지급일에 기타소득이 발생한 것으로 보아야 함[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court 2012Nu12282 ( December 05, 2012)

Case Number of the previous trial

National Tax Service Review Income 2011-0089 (Law No. 19, 2011)

Title

(A) Even if a written agreement was received at the time of the preparation of the agreement, other income shall be deemed to have occurred on the date of actual payment.

Summary

(C) The Plaintiff’s transfer of the right to claim the return of the lease deposit as security at the time when the Plaintiff drafted the agreement shall be construed as guaranteeing payment of the deposit, in light of the fact that the date of payment was set as September 30, 2005. Therefore, the Plaintiff’s transfer of the right to claim the return of the lease deposit should be deemed as having occurred on September 30, 2005.

Cases

2013du1423 global income and revocation of disposition

Plaintiff-Appellant

CHAPTER A

Defendant-Appellee

The Director of the Pacific District Office

Judgment of the lower court

Seoul High Court Decision 2012Nu12282 Decided December 5, 2012

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The records of this case and the judgment of the court below and the grounds of appeal were examined, but the argument in the grounds of appeal by appellant is 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, the appeal is dismissed pursuant to Article 5 of the same Act, and the costs of appeal are assessed against the losing party, and are

Reference materials.

If the grounds for final appeal are not included in the grounds of appeal that make it appropriate for the court of final appeal to become a legal trial, such as matters concerning significant violation of Acts and subordinate statutes, etc., the system of final appeal will not continue to proceed with the deliberation on the merits of the grounds for final appeal, but will not proceed with the deliberation on the merits of the grounds for final

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