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(영문) 대법원 2018. 07. 12. 선고 2018두43545 판결

부가가치세환급금 경정거부처분취소[국승]

Case Number of the immediately preceding lawsuit

Seoul High Court-2018-Nu-30954 ( April 25, 2018)

Title

Disposition Rejecting Correction of Value-Added Tax Refund

Summary

A suit for a retrial cannot be filed on the grounds of omission in a judgment subject to a retrial, regardless of whether a final appeal filed a assertion of omission in a judgment, as alleged in the grounds of appeal.

Related statutes

Article 17 of the Value-Added Tax Act

Cases

2018Du43545 Revocation of a disposition rejecting the refund of value-added tax;

Plaintiff, Review Plaintiff

KimA

Defendant, Defendant for retrial

BB Director of the Tax Office

Judgment of the lower court

Seoul High Court-2018-Nu-30954 ( April 25, 2018)

Imposition of Judgment

on 12, 2018

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff (Plaintiff).

Reasons

The lower judgment and the appellate brief examined all of the records of this case, but the allegation on the grounds of appeal by the appellant does not include the grounds provided in each subparagraph of Article 4(1) of the Act on Special Cases concerning the Procedure of Appeal.

The appeal is dismissed in accordance with Article 5 of the same Act. It is so decided as per Disposition by the assent of all participating Justices on the bench.