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(영문) 대법원 2007. 12. 13. 선고 2007두19737 판결

사실과 다른 세금계산서로 보아 매입세액불공제한 처분의 당부[국승]

Title

propriety of a disposition that deducts input tax amount by deeming it a false tax invoice;

Summary

An actual supplier and a supplier on a tax invoice may not deduct or refund an input tax amount unless there is any special circumstance that the supplier was unaware of the fact that the supplier was unaware of the name of the tax invoice, and that the supplier was not negligent.

Related statutes

Article 17 of the Value-Added Tax Act

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 prescribed in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure of Appeal or are recognized as groundless. Thus, the appeal is dismissed under Article 5 of the same Act. It is so decided as per

December 13, 2007