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(영문) 대법원 2019. 04. 05. 선고 2018두67084 판결
동업계약에 의한 약정금인지 아니면 부가가치세 면세대상인 교육용역에 대한 대가인지 여부[심리불속행기각(국승)]
Case Number of the immediately preceding lawsuit

Seoul High Court-2018-Nu-59535 ( December 05, 2018)

Title

Whether it is an agreement under a contract for the same business or a price for educational services exempt from value-added tax;

Summary

If the contract amount under the contract of the same business is related to the private teaching institute lecture, it is reasonable to impose the additional tax because there is no justifiable reason for not reporting and not paying the value-added tax, even if the contents of the contract of the same business are subject to value-added tax.

Related statutes

Article 26 of the Value-Added Tax Act on Supply of Goods or Services

Cases

2018du67084 Disposition to revoke the imposition of value-added tax.

Plaintiff

Bed○○○○○ ment Inc.

Defendant

○ Head of tax office

Conclusion of Pleadings

on October 05, 2019

Imposition of Judgment

on October 05, 2019

Text

The appeal is dismissed.

Litigation costs shall be borne by 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 Trial Procedure, and it is therefore dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by the assent of all participating Justices.

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