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(영문) 대법원 2019. 04. 05. 선고 2019두30010 판결

(심리불속행) 부가가치세 일부 환급을 거부한 이 사건 처분은 적법함.[국승]

Case Number of the immediately preceding lawsuit

Busan High Court-2018-Nu-10906 ( December 19, 2018)

Title

The instant disposition rejecting the partial refund of value-added tax is legitimate.

Summary

In full view of the fact that the person who is supplied with the value-added tax is specified as a person who is actually supplied with the system, the instant tax invoice is deemed to be a false tax invoice that is different from the fact that the person who is supplied with the tax has entered it. Thus, the instant disposition rejecting the partial refund of

Related statutes

Article 39 of the Value-Added Tax Act

Cases

Supreme Court Decision 2019Du30010 Decided partial refund of value-added tax

Plaintiff-Appellee

AA

Defendant-Appellant

BB Director of the Tax Office

Judgment of the lower court

Busan High Court (Chowon) 2018Nu10906 decided December 19, 2018

Imposition of Judgment

April 5, 2019

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

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 ground of appeal falls under Article 4 of the Act on Special Cases concerning the Trial Procedure, and it is therefore dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by the assent of all participating Justices.