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(영문) 대법원 2014. 03. 14. 선고 2013두25085 판결

(심리불속행) 쟁점세금계산서를 사실과 다른 세금계산서로 보아 과세한 처분은 정당함[국승]

Case Number of the immediately preceding lawsuit

Daegu High Court 2013Nu926 ( November 01, 2013)

Case Number of the previous trial

Cho High-depth2012Gu1437 (2012.08)

Title

(A) A disposition that imposes tax on the issue tax invoice by deeming it as a false tax invoice is legitimate.

Summary

(In the first instance) A person entered as a supplier in the key tax invoice is not a trading party which can conduct a normal oil transaction, but it is difficult to see that the claimant has fulfilled his duty of care as a good

Related statutes

Article 17 of the Value-Added Tax Act

Cases

2013Du25085 Disposition to revoke the imposition of value-added tax.

Plaintiff-Appellant

Gangwon A

Defendant-Appellee

Head of Ansan Tax Office

Judgment of the lower court

Daegu High Court Decision 2013Nu926 Decided November 1, 2013

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 constitutes Article 4 of the Act on Special Cases Concerning the Procedure for Appeal and therefore, the appeal is dismissed under Article 5 of the above Act. It is so decided as per Disposition