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(영문) 대법원 2014. 09. 05. 선고 2014두37306 판결
(심리불속행) 사실과 다른 세금계산서에 해당하며 원고의 선의 무과실을 인정하기 어려움[국승]
Case Number of the immediately preceding lawsuit

Daejeon High Court 2013Nu3571 (2014.05.01)

Title

(Incompetence of Trial) It constitutes a tax invoice different from the facts, and it is difficult to recognize the plaintiff's good faith without fault.

Summary

(In the first instance, it is difficult to recognize the Plaintiff’s good faith solely on the ground that the supplier constitutes a tax invoice different from the fact and deposited money into the account of the customer, and rather, it is difficult to verify the authenticity of the Plaintiff’s good faith, such as the supplier and the shipment

Related statutes

Articles 17 and 21 of the Value-Added Tax Act

Cases

2014Du37306 Revocation of Disposition of Imposing Value-Added Tax

Plaintiff-Appellant

LAA

Defendant-Appellee

The Director of the National Tax Service

Judgment of the lower court

Daejeon High Court Decision 2013Nu3571 Decided May 1, 2014

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 the grounds of appeal by the appellant are not included in the grounds prescribed in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal. Thus, the appeal is dismissed in accordance with Article 5 of the same Act. It is so decided as per Disposition by

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