Case Number of the immediately preceding lawsuit
Cheongju District Court-2016-Gu Partnership-1426 ( dated 14, 2017)
Case Number of the previous trial
Cho Jae-2016- Daejeon-0401 ( October 13, 2016)
Title
It is reasonable to deem that the instant profit-making business actually belongs to the Plaintiff.
Summary
It is reasonable to deem that the transaction related to the instant project belongs to the Plaintiff by the Plaintiff operating the instant project through AA as a profit-making business.
Related statutes
Article 14 (Real Taxation)
Cases
2017Nu3459 Revocation of Disposition of Imposition of Value-Added Tax
Plaintiff
】 】
Defendant
○ Head of tax office
Conclusion of Pleadings
April 11, 2018
Imposition of Judgment
May 9, 2018
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 imposition of the value-added tax on July 10, 2015, which the Defendant imposed on the Plaintiff on July 10, 2015, is revoked, respectively. The imposition of the value-added tax on the first quarter of 2009, the second quarter of 2009, the second quarter of 200, the value-added tax on the first quarter of 2010, the second quarter of 2010, the value-added tax ○○○, the first quarter of 201, the value-added tax ○○, and the second quarter of 2013.
Reasons
1. Quotation of judgment of the first instance;
The reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the case where "the plaintiff and the plaintiff" of first instance No. 2 is deemed to be "the plaintiff and the plaintiff," and "related" of No. 7 of the 8th page is deemed to be "related," and therefore, it is also accepted in accordance with Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201).
2. Conclusion
If so, the plaintiff's claim of this case shall be dismissed as it is without merit. The judgment of the court of first instance shall be dismissed.
Since the plaintiff's appeal is legitimate, it is dismissed as it is so decided as per Disposition.