beta
(영문) 대법원 2013. 12. 26. 선고 2013두19158 판결

사실과 다른 세금계산서를 수취함에 있어 원고의 선의・무과실이 인정됨[국패]

Case Number of the immediately preceding lawsuit

Daejeon High Court 2012Nu2755 (Law No. 138, 2013)

Title

The plaintiff's good faith and negligence are recognized when receiving a false tax invoice.

Summary

Before the commencement of the trial-oriented transaction, considerable efforts have been made to confirm the actual business of the customer, and efforts have been made to confirm that the goods have been transported by the direction of the actual business owner even in the process of receiving the closed scrap metal, and the payment has been made to the passbook in the name of the customer business owner.

Cases

2013Du19158 Revocation of Disposition of Imposition of Value-Added Tax

Plaintiff-Appellee

MaximumB by AA metal industry corporation

Defendant-Appellant

The Director of Budget Office

Judgment of the lower court

Daejeon High Court Decision 2012Nu2755 decided August 20, 2013

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the grounds of appeal on the grounds of appeal are not included in the grounds provided by each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, and the appeal is dismissed pursuant to Article 5 of the same Act. It is so decided as per