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(영문) 대법원 2015. 11. 12. 선고 2015두47980 판결

소프트웨어 용역관련 실물거래 없는 가공세금계산서를 수취하였는지 여부 [국승]

Case Number of the immediately preceding lawsuit

Daegu High Court-2014-Nu-5188 ( October 26, 2015)

Title

Whether a processing tax invoice without real transaction related to software services has been received

Summary

In light of the fact that several software development companies have traded tax invoices in a lump sum without real transactions for the purpose of unsatising out the external form, and there is no contract and no evidence of payment, etc., it is proved that it is a false purchase without real transactions.

Dismissal of Disorder in Trial

Related statutes

Article 16 of the Value-Added Tax Act and Article 17 of the Value-Added Tax Act

Cases

2015du47980 Disposition of revocation of Disposition of Imposition of Value-Added Tax

Plaintiff-Appellant

AAA, Inc.

Defendant-Appellee

Head of the tax office

Judgment of the lower court

Daegu High Court Decision 2014Nu5188 Decided June 26, 2015

Imposition of Judgment

November 12, 2015

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the assertion on the grounds of appeal by the appellant falls under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal and therefore, the appeal is dismissed under Article 5 of the Act. It is so decided as per Disposition