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(영문) 서울고등법원 2016. 11. 17. 선고 2016누32192 판결
자료상으로부터 수취한 세금계산서는 그 공급자 등이 허위로 기재된 세금계산서에 해당함[국승]
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.

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