beta
(영문) 대법원 2018. 11. 15. 선고 2018두51997 판결

부가가치세환급세액반환청구소송[국승]

Case Number of the immediately preceding lawsuit

Seoul High Court-2017-Nu-84053 (2018.04)

Title

Lawsuit claiming refund of value-added tax amount

Summary

In light of the purport of the special provisions on the payment of the purchaser and the specific details thereof, in case where the value-added tax amount deposited by the person supplied with copper scrap, etc. falls under the amount of erroneous payment and the grounds for refund arise, the right to claim the refund thereof shall be deemed to belong to the purchaser (the purchaser) rather than the supplier (the purchaser).

Related statutes

Article 106-9 of the Restriction of Special Taxation Act (Special Cases of Payment of Value-Added Tax by Purchasers of ices, etc.)

Cases

2018Du5197. Lawsuit claiming the refund of value-added tax amount

Plaintiff-Appellant

The AA

Defendant-Appellee

Korea

Judgment of the lower court

Seoul High Court-2017-Nu-84053 (2018.04)

Imposition of Judgment

November 15, 2018

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. However, the grounds of appeal by the appellant are 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. The appeal is dismissed pursuant to Article 5 of the same Act and the costs of appeal are assessed against the losing party. It is so decided as per Disposition