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(영문) 대법원 2012. 05. 24. 선고 2012두4432 판결

(심리불속행) 주유소 운영 사업자로서 공급자가 사실과 다르게 기재된 세금계산서를 교부받았음[국승]

Case Number of the immediately preceding lawsuit

Seoul High Court 2011Nu15178 (Law No. 11, 2012)

Case Number of the previous trial

National Tax Service Review Division 2010-0015 (28 May 2010)

Title

(B) An operator operating a gas station who has received a false tax invoice from the supplier.

Summary

(main point of view) A business operator operating a gas station who has received a tax invoice different from the fact, and because he was negligent in not knowing such fact, the disposition on which the value-added tax is imposed by deducting the input tax amount is legitimate.

Related statutes

Article 17 of the Value-Added Tax Act

Cases

2012Du4432 Revocation of Disposition of Imposing Value-Added Tax

Plaintiff-Appellee

XX Co., Ltd

Defendant-Appellant

Head of Suwon Tax Office

Judgment of the lower court

Seoul High Court Decision 2011Nu15178 Decided January 11, 2012

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

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

Reference materials.

If the grounds for final appeal are not included in the grounds of appeal that make it appropriate for the court of final appeal to become a legal trial, such as matters concerning significant violation of Acts and subordinate statutes, etc., the system of final appeal will not continue to proceed with the deliberation on the merits of the grounds for final appeal, but will not proceed with the deliberation on the merits of the grounds for final