logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2014. 10. 15. 선고 2014두9196 판결
사실과 다른 세금계산서로 원고의 선의ㆍ무과실이 인정되지 않음[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court 2013Nu19006 (20 May 20, 2014)

Case Number of the previous trial

early 2011 Heavy0982 ( December 06, 2011)

Title

It is true that the Plaintiff’s good faith and negligence are not recognized by a false tax invoice.

Summary

In a false tax invoice, the Plaintiff cannot be acknowledged without fault of the Plaintiff, taking into account the following facts: (a) the Plaintiff engaged in wholesale and retail business for a long time and seems to have been aware of the actual state of transaction and the risk of transaction on the data; (b) the Plaintiff was supplied with oil at a lower time; and (c) there was sufficient circumstance to suspect that each of the transaction parties of this case was not the actual supplier.

Related statutes

Tax amount paid under Article 17 of the Value-Added Tax Act

Cases

2014du9196 Disposition of revocation of Disposition of Imposition of Value-Added Tax

Plaintiff-Appellant

KimA

Defendant-Appellee

1. The director of the tax office of this thousandth;

Judgment of the lower court

Seoul High Court Decision 2013Nu19006 Decided May 20, 2014

Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

“The instant records, the lower judgment, and the appellate brief (to the extent of supplement in case of the supplemental appellate brief that was submitted after the lapse of the period for filing the appellate brief) were examined. However, the allegation on the grounds of appeal by the appellant does not include or are deemed to have no grounds under each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, and thus all appeals are dismissed in accordance with Article 5 of the same Act. It is so decided as per

arrow