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(영문) 서울고등법원 2016.08.19 2015누66990
부가가치세등부과처분취소
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s corporate tax of KRW 36,030,000 for the Plaintiff on December 5, 2013.

Reasons

1. Details of the disposition;

A. The Plaintiff, a corporation that was established on March 28, 2008 and runs a non-Iron wholesale business, was issued a purchase tax invoice of KRW 14,045,594,000 (hereinafter “each of the instant tax invoices”) and deducted the supply value from the output tax amount by including the value of supply in deductible expenses from February 2, 2011 to February 2012, 201, and by reporting and paying corporate tax for each business year in each of the following business years:

The supply value of the divided supplier’s taxable period of Category B 1 B 2,276,00 won KRW 4,412,350,000 for 2, 2012: KRW 522,414,761,00 for 2, 2012 KRW 370,761,000 for 1, 2012 KRW 196,094,000 for 2, 2012 KRW 515,469,00 for 2, 2012 KRW 44,615,670,000 for 2, 2012 KRW 5,36,750 for 5,700 for 2,350,504,05,000 for 2, 2012

B. As a result of the investigation by item of value-added tax conducted on the Plaintiff, each of the above input tax amounts was not deducted on the ground that each of the instant tax invoices was false. On December 5, 2013, the Defendant notified the Plaintiff of the revised tax amounting to KRW 36,030,00,000, corporate tax for the year 2011, KRW 244,941,840, corporate tax for the year 2012, KRW 324,66,30, and KRW 1,012,265,860, and Value-Added Tax for the year 2012, KRW 1,095,013, and KRW 430, respectively, for the second period of value-added tax for the year 2012, KRW 324,66,30, and Value-Added Tax for the year 2012.

(hereinafter “instant disposition”). C.

The Plaintiff filed an appeal with the Tax Tribunal on the instant disposition, but the Tax Tribunal dismissed the appeal on November 5, 2014.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3.

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