Case Number of the immediately preceding lawsuit
Suwon District Court 2014Guhap5461 ( October 12, 2015)
Title
It is insufficient to recognize that the Plaintiff was not negligent in not knowing the fact that the instant tax invoice was a false tax invoice, and that there was no negligence in not knowing it.
Summary
The plaintiff was aware that the actual counterpart of the transaction was not the transaction partner of this case, or at least there was a negligence that did not investigate, even though it was necessary to investigate the other party's identity as the actual counterpart of the transaction.
Related statutes
Article 16 (Tax Invoice)
Cases
2015Nu5692 Revocation of Disposition of Imposition of Value-Added Tax
Plaintiff and appellant
V
Defendant, Appellant
The director of the tax office
Judgment of the first instance court
Suwon District Court 2014Guhap5461 ( October 12, 2015)
Conclusion of Pleadings
November 26, 2015
Imposition of Judgment
December 10, 2015
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 value-added tax for the first period of January 2, 2010 that the Defendant rendered to the Plaintiff on January 2, 2013.
The imposition of ○○○, the imposition of value-added tax for the second period of 2010, the imposition of ○○○, and the imposition of 201
The imposition of value-added tax for the first term shall be revoked, respectively.
Reasons
The reason for the judgment of the first instance is reasonable, and therefore, Article 8(2) of the Administrative Litigation Act, the main sentence of Article 420 of the
this judgment shall be quoted by reason of this judgment.
The plaintiff's appeal is dismissed for lack of reason.