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(영문) 대법원 2017. 08. 23. 선고 2017두44527 판결
이 사건 세금계산서는 사실과 다른 세금계산이며 선의의 거래당사자에 해당하지 않음[일부패소]
Case Number of the immediately preceding lawsuit

Seoul High Court-2016-Nu 75625, 75731 (Consolidated), 017.18)

Title

The instant tax invoice is different from the facts and does not constitute a bona fide transaction party.

Summary

In light of the fact that it is difficult to prove that the Plaintiff’s on-site photographs alone appear difficult to prove that the Plaintiff is a bona fide trading party, it is difficult to accept the claim seeking, rather than that of the high-amount sales.

Related statutes

Article 16 of the Value-Added Tax Act

Cases

Supreme Court Decision 2017Du44527 Decided revocation of Disposition imposing Value-Added Tax

Supreme Court Decision 2017Du44534(Joint) Decided Value-Added Tax

Plaintiff-Appellant

-Appellee

00 Metal Co., Ltd. and 1

Defendant, Appellee-Appellant

00. Head of tax office

Judgment of the lower court

Seoul High Court Decision 2016Nu75625, 75731 (Consolidated) Decided April 18, 2017

Imposition of Judgment

2017.08.23

Text

The appeal is dismissed.

Costs of appeal shall be borne by each party.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the grounds of appeal by the appellant are not included in the grounds provided for in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal. Accordingly, all of the appeals are dismissed pursuant to Article 5 of the same Act and the costs of appeal are borne by each party. It is so decided as per

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