beta
(영문) 대법원 2007. 01. 26. 선고 2006두15585 판결

독립한 사업자인지 여부 (심리 불속행 판결)[국승]

Title

Article 14 (Judgment of Non-Continuation of Trial)

Summary

Since the sales price has been independently determined by the transaction, the Plaintiff bears the risk of failure to recover the transaction price, and the Plaintiff bears the final responsibility for calculating the transaction of alcoholic beverages, the Plaintiff has the obligation to pay the value-added tax as an independent business operator.

Related statutes

Article 1 of the Value-Added Tax Act [Taxable Objects]

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

Even after examining the records of this case and the judgment of the court below and the grounds of appeal, it is clear that the grounds of appeal by the appellant fall under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal, and thus, the appeal is dismissed under Article 5 of the same Act. It is so decided as per Disposition by