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(영문) 대법원 2013. 12. 27. 선고 2013두18674 판결
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Case Number of the immediately preceding lawsuit

Seoul High Court 2013Nu2114 (Seoul High Court 2013.08.21)

Case Number of the previous trial

early 2010 Heavy2504 ( October 21, 2012)

Title

The plaintiff's good faith and negligence that received a false tax invoice from the oil supplier shall not be recognized.

Summary

(F) In light of the fact that the Plaintiff has handled oil for a long period of time, bought oil at low cost, falsely prepared a oil shipment slip, the delivery place is also indicated by another business entity, and there is no tank number and shipment number on the shipment slip, etc., the Plaintiff’s good faith and negligence that the supplier received a false tax invoice cannot be recognized.

Related statutes

Article 17 of the Value-Added Tax Act

Cases

2013du18674, revocation of disposition of imposing corporate tax, etc.

Plaintiff-Appellant

AAA 1 gas station, Inc.

Defendant-Appellee

the director of the tax office of Western

Judgment of the lower court

Seoul High Court Decision 2013Nu2114 Decided August 21, 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 assertion on the grounds of appeal by the appellant constitutes Article 4 of the Act on Special Cases Concerning the Procedure for Appeal and therefore, the appeal is dismissed under Article 5 of the above Act. It is so decided as per Disposition by

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