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(영문) 대법원 2013. 08. 19. 선고 2013두8769 판결
(심리불속행) 이 사건 세금계산서는 공급자가 허위로 기재된 세금계산서이며, 이를 수취한 원고의 선의ㆍ무과실도 인정 안됨[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court 2012Nu30310 (Seoul High Court 2013.028)

Case Number of the previous trial

Early High Court Decision 201J 1983 ( October 27, 2011)

Title

(A) The instant tax invoice is a false tax invoice stated by the supplier, and the Plaintiff’s good faith and without fault may not be recognized.

Summary

(C) In the event that each of the instant tax invoices was supplied by a third party, the supplier shall be deemed to be a third party. Thus, even if the third party supplied oil, the instant tax invoice constitutes a false tax invoice stating that the supplier is the purchaser of each of the instant tax invoices, and the Plaintiff’s good faith and without fault shall not be recognized.

Related statutes

Article 17 of the Value-Added Tax Act

Cases

2013du8769. Revocation of revocation of the imposition of value-added tax

Plaintiff-Appellant

ThisAAA

Defendant-Appellee

BB Director of the Tax Office

Judgment of the lower court

Seoul High Court Decision 2012Nu30310 Decided March 28, 2013

Imposition of Judgment

August 19, 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 appellant's grounds of appeal fall under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal, and the appeal is dismissed under Article 5 of the same Act. It is so decided as per Disposition by the assent

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