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(영문) 대법원 2014. 10. 15. 선고 2014두8933 판결

실제 공급자가 별도로 있는 사실과 다른세금계산서에 해당되고, 선의의 거래당사자에 해당되지 아니함[국승]

Case Number of the immediately preceding lawsuit

Busan High Court (Chowon) 2013Nu775 (Law No. 15, 2014)

Title

actual supplier's tax invoice is different from the actual supplier's facts, and does not constitute a good faith transaction party.

Summary

(2) In full view of each statement at the time of the tax investigation and each statement at the time of the instant tax investigation, the fact that the contract for the instant construction work was made retroactively, and the deposit details of the construction cost, etc., the person who provided the instant construction work is not the person indicated as the supplier in the instant tax invoice, and as such, it appears that the said person could have sufficiently known that the tax invoice was

Related statutes

Article 17 of the Value-Added Tax Act

Cases

2014du8933 Revocation of Disposition of Imposing Value-Added Tax

Plaintiff-Appellant

1.A 2. OB 3. FixedCC

Defendant-Appellee

00. Head of tax office

Judgment of the lower court

Busan High Court (Chowon) Decision 2013Nu775 Decided May 15, 2014

Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

While examining the grounds of appeal in comparison with the records of this case and the judgment of the court below, the ground of appeal on the grounds of appeal is not deemed to have been rejected or not.

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices.

심급 사건
-부산고등법원창원재판부 2014.5.15.선고 2013누775