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(영문) 서울고등법원 2011. 04. 26. 선고 2010누25895 판결
의장공사와 관련하여 사실과 다른 세금계산서를 교부받았음[국패]
Case Number of the immediately preceding lawsuit

Seoul Administrative Court 2009Guhap409 ( October 15, 2010)

Case Number of the previous trial

early 2008west093 ( October 10, 2008)

Title

It has been issued a false tax invoice concerning the design construction.

Summary

(As in the judgment of the first instance court), since the title truster only paid the construction cost and the Plaintiff appears to have not actually paid the construction cost, it constitutes a false tax invoice.

Cases

2010Nu25895 and revocation of disposition to impose value-added tax and corporate tax.

Plaintiff, Appellant

SST Co., Ltd.

Defendant, appellant and appellant

O Head of tax office

Judgment of the first instance court

Seoul Administrative Court Decision 2009Guhap409 decided July 15, 2010

Conclusion of Pleadings

March 22, 2011

Imposition of Judgment

April 26, 2011

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1. Purport of claim

The Defendant’s imposition of KRW 328,615,568 among the imposition of KRW 329,261,681 on January 2, 2008 against the Plaintiff of KRW 202 against the Plaintiff, and the imposition of KRW 1,362,021,370 on January 3, 2008, and the imposition of KRW 270,615,840 on corporate tax for the business year 2003 January 3, 2008, shall be revoked.

2. Purport of appeal

The part of the judgment of the court of first instance against the defendant shall be revoked, and all of the plaintiff's claims concerning the corresponding part shall be dismissed.

Reasons

1. Quotation of judgment of the first instance;

The reasoning of this court's decision is as follows: "25, 27, 28, 29 of the 6th 6th 6th 6th eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth e)" and "the last eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth)

2. Conclusion

Thus, the plaintiff's claim of this case is justified within the above recognition law, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed.

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