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(영문) 서울고등법원 2015. 06. 25. 선고 2014누67170 판결
청구법인이 쟁점세금계산서를 신고누락한 것으로 봄이 타당하여 당초처분은 정당함[국승]
Case Number of the immediately preceding lawsuit

Suwon District Court 2013Guhap13151, 2014.24

Case Number of the previous trial

Early High Court Decision 2013J 972 ( October 10, 2013)

Title

It is reasonable to view that the applicant corporation failed to report the issue tax invoice, and the initial disposition is legitimate.

Summary

In light of the fact that the revised return of value-added tax is confirmed, and the court ruled that the business is operated in the form of a partnership and that it was decided in the appellate court, it is reasonable to view that the claimant corporation failed to report the issue tax invoice.

Related statutes

Article 21 of the Value-Added Tax Act

Cases

2014Nu67170 Revocation of Disposition of Imposing corporate tax

Plaintiff and appellant

- Appellants

30 30

Defendant, Appellant and Appellant

Head of the tax office

Judgment of the first instance court

Suwon District Court Decision 2013Guhap13151 Decided September 24, 2014

Conclusion of Pleadings

June 4, 2015

Imposition of Judgment

June 25, 2015

Text

1. The plaintiff's appeal is dismissed.

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

- 2-

Purport of claim and appeal

The judgment of the first instance shall be revoked. The imposition of corporate tax of KRW 18,855,770 on the Plaintiff on August 8, 2012 by the Defendant

The disposition is revoked (the plaintiff corrected the date of the disposition in the appellate court as above).

Reasons

1. Quotation of judgment of the first instance;

The reason for this court's ruling is " August 8, 2014" in the second sentence 8 of the judgment of the court of first instance.

Article 8(2) of the Administrative Litigation Act, civil litigation, because it is the same as the reasons for the judgment of the first instance except for the dismissal of the person.

The reference shall be made pursuant to the main sentence of Article 420 of the Act.

2. Conclusion

Since the judgment of the first instance is justifiable, the plaintiff's appeal is dismissed as it is groundless.

Judges

Judges Cho Jong-won

Judges Gangwon-gu

Judges Nam-su

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