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(영문) 대법원 2013. 10. 25. 선고 2013두12928 판결

고철 매입은 정상거래로 받은 것이 아니라 유상사급 받은 것으로 봄이 상당함[국승]

Case Number of the immediately preceding lawsuit

Seoul High Court 2012Nu20344 (24 March 2013)

Title

It is reasonable to deem that the purchase of scrap metal is not a normal transaction but a payment for consideration.

Summary

It is reasonable to deem that the actual purchase of scrap metal is insufficient to acknowledge, but rather, it is paid for a fee rather than a normal purchase.

Cases

2013Du12928 Revocation of Disposition of Imposition of Value-Added Tax

Plaintiff-Appellant

AAA, Inc.

Defendant-Appellee

Head of the High Tax Office

Judgment of the lower court

Seoul High Court Decision 2012Nu20344 Decided May 24, 2013

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

Even if all of the records of this case, the judgment of the court below and the grounds of appeal are examined, it is clear that the grounds of appeal by the appellant fall under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal. Thus, the appeal is dismissed under Article 5 of the same Act. It is so decided as