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(영문) 대법원 2013. 09. 26. 선고 2013두11529 판결
(심리불속행) 사실과 다른 세금계산서를 수취한 원고의 선의ㆍ무과실을 인정할 수 없음[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court 2012Nu35445 (22 March 22, 2013)

Case Number of the previous trial

early 2010 Heavy3902 (Law No. 19, 2011)

Title

(A) The plaintiff's good faith or negligence that received a tax invoice different from the fact shall not be recognized.

Summary

(C) The Plaintiff’s act of good faith and without fault may not be acknowledged in light of the following: (a) the Plaintiff’s act of good faith and negligence may not be acknowledged in light of the following: (b) the Plaintiff had been engaged in a closed-end sales business for at least ten (10) years; (c) the actual status and risk of the transaction on the data; (d) the transaction period was not more than two (2) months, but

Related statutes

Article 17 of the Value-Added Tax Act

Cases

2013Du11529 Disposition of revocation of Disposition of Imposition of Value-Added Tax

Plaintiff-Appellant

○ Industrial Co., Ltd.

Defendant-Appellee

Head of Central Tax Office

Judgment of the lower court

Seoul High Court Decision 2012Nu35445 Decided May 22, 2013

Imposition of Judgment

September 26, 2013

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The records of this case and the judgment of the court below and the grounds of appeal (to the extent of supplement in case of any statement in the reference documents submitted after the lapse of the period for appeal) are examined. However, the grounds of appeal by the appellant fall under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal, and they are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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