Case Number of the immediately preceding lawsuit
Seoul Administrative Court-2015-Gu Partnership-6712 ( December 24, 2015)
Case Number of the previous trial
Additional-2014-0185 (Law No. 16, 2015)
Title
Unless the actual supplier and the supplier under the tax invoice are confirmed to be different, the plaintiff's negligence and the actual tax invoice cannot be deducted from the input tax amount.
Summary
(As in the first instance judgment, the actual supplier and the supplier on the tax invoice are the Plaintiff’s negligence and the actual supplier cannot be deducted from the input tax amount.
Related statutes
Article 16 (Tax Invoice)
Cases
Seoul High Court-2016-Nu-31564
Plaintiff and appellant
Kim 00
Defendant, Appellant
00. Head of tax office
Judgment of the first instance court
Seoul Administrative Court-2015-Gu Partnership-6712 ( December 24, 2015)
Conclusion of Pleadings
2016.06.22
Imposition of Judgment
2016.13
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 court of first instance shall be revoked. The defendant revoked each disposition of KRW 1,050,580, value-added tax imposed on the plaintiff on July 15, 2014; KRW 1,019,360 for the first term of 2010; KRW 976,890 for the second term of 201; KRW 1,020,570 for the second term of 201; KRW 620,090 for the first term of 2012; and KRW 367,390 for the second term of 2012 for the second term of 201.
Reasons
The reasoning of the court's explanation concerning this case is the same as that of the judgment of the court of first instance, and thus, it is citing this by Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
Therefore, the judgment of the first instance court is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.