Case Number of the immediately preceding lawsuit
Seoul Administrative Court-2015-Gu Partnership-4211 ( December 11, 2016)
Case Number of the previous trial
early 2014-2066 ( December 31, 2014)
Title
tax invoices received from data shall constitute a false tax invoice entered by the supplier, etc.
Summary
The evidence produced by the Plaintiff alone is insufficient to recognize that the Plaintiff was actually supplied with a computer component on the instant tax invoice from the data, and the instant tax invoice falls under the tax invoice entered falsely by the supplier, etc., as there is no evidence to acknowledge otherwise.
Related statutes
Article 16 of the Value-Added Tax Act
Article 17 of the Value-Added Tax Act
Cases
2016Nu32192 Revocation of Disposition of Imposition of Value-Added Tax
Plaintiff and appellant
○ Stock Company
Defendant, Appellant
○ Head of tax office
Judgment of the first instance court
Seoul Administrative Court Decision 2015Guhap4211 decided December 11, 2015
Conclusion of Pleadings
October 27, 2016
Imposition of Judgment
November 17, 2016
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 first instance is revoked. The disposition of imposition of value-added tax of KRW 000 on October 0, 2014 rendered by the Defendant to the Plaintiff on October 0, 2014 shall be revoked.
Reasons
1. Quotation of judgment of the first instance;
The reasoning of the judgment of the court is the same as that of the judgment of the court of first instance, and thus, it is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure
2. Conclusion
Since the judgment of the first instance is justifiable, the plaintiff's appeal is dismissed as it is groundless.