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(영문) 서울고등법원 2017. 04. 26. 선고 2016누69156 판결
이 사건 세금계산서는 실물거래 없는 가공세금계산서에 해당함[국승]
Case Number of the immediately preceding lawsuit

District Court-2015-Gu Joint-1415 (25 August 2016)

Case Number of the previous trial

Cho-2014-China-1572 (Law No. 12, 2015)

Title

The instant tax invoice constitutes a processed tax invoice without real transaction.

Summary

(As in the first instance judgment, the instant tax invoice is a processed tax invoice without real trade and is not a bona fide fault, and thus, the instant disposition is lawful.

Related statutes

Article 22 of the Value-Added Tax Act (Additional Tax)

Cases

2016Nu69156 Revocation of Disposition of Imposition of Value-Added Tax

Plaintiff and appellant

OOOO

Defendant, Appellant

O Head of tax office

Judgment of the first instance court

Suwon District Court Decision 2015Guhap1415 Decided 23, 2016

Conclusion of Pleadings

2017.04.12

Imposition of Judgment

2017.04.26

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The judgment of the first instance court is revoked. The defendant's imposition of the value-added tax for the plaintiff 2013O.O.O. (2012) and the value-added tax for the first time in 2013 shall be revoked.

Reasons

1. Quotation of judgment of the first instance;

The reasoning of the judgment of this court is the same as that of the judgment of the court of first instance, and thus, it is cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act (the plaintiff asserted to the same effect as the judgment of the court of first instance

2. Conclusion

The judgment of the first instance is justifiable. The plaintiff's appeal is dismissed.

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