Case Number of the immediately preceding lawsuit
Seoul High Court 2013Nu16496 ( December 20, 2013)
Case Number of the previous trial
early 2012 Middle 1675 (Law No. 13, 2012)
Title
The actual supplier and the supplier under the tax invoice constitute a different tax invoice from the actual supplier
Summary
The instant tax invoice constitutes a different tax invoice from the actual supplier and the supplier on the tax invoice, and it is difficult to deem that the Plaintiff constitutes a transaction party with good faith and negligence without knowledge of the actual supplier’s name.
Related statutes
Article 17 of the Value-Added Tax Act
Cases
2014du1826 The revocation of disposition imposing value-added tax, etc.
Plaintiff-Appellant
Park AA
Defendant-Appellee
the director of the tax office of Western
Judgment of the lower court
Seoul High Court Decision 2013Nu16496 Decided December 20, 2013
Text
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
Reasons
Although the lower judgment was examined in light of the records of this case, it is recognized that the assertion on the grounds of appeal falls under Article 4 of the Act on Special Cases Concerning Procedure
Therefore, the appeal is dismissed in accordance with Article 5 of the above Act. It is so decided as per Disposition by the assent of all participating Justices on the bench.