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(영문) 대법원 2012. 05. 24. 선고 2012두4555 판결
(심리불속행) 주유소 사업자로서 선의・무과실이 인정되지 않음[국승]
Case Number of the immediately preceding lawsuit

Gwangju High Court (former District Court) 2011Nu537 (Law No. 16, 2012)

Case Number of the previous trial

early 2009 Mine2592 (Law No. 2009.03)

Title

(C) If a business operator of a gas station is not deemed to have acted in good faith and without negligence;

Summary

(Summary of the Judgment of the Supreme Court) The tax invoice delivered to a business operator operating a gas station constitutes a false tax invoice, and the plaintiff is not deemed to have acted in good faith and without negligence, and thus the disposition of imposition without deducting the input tax amount is lawful.

Related statutes

Article 17 of the Value-Added Tax Act

Cases

2012du4555 The revocation of the disposition to impose value-added tax

Plaintiff-Appellant

XX Kim

Defendant-Appellee

Head of the Military Tax Office

Judgment of the lower court

Gwangju High Court ( Jeonju) Decision 2011Nu537 Decided January 16, 2012

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 appellant's ground of appeal falls under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal and therefore, the appeal is dismissed under Article 5 of the same Act. It is so decided as per Disposition

Reference materials.

If the grounds for final appeal are not included in the grounds of appeal that make it appropriate for the court of final appeal to become a legal trial, such as matters concerning significant violation of Acts and subordinate statutes, etc., the system of final appeal will not continue to proceed with the deliberation on the merits of the grounds for final appeal, but will not proceed with the deliberation on the merits of the grounds for final

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