Seoul High Court 2011Nu18061 ( October 25, 2011)

early 2006west2547 ( December 13, 2006)

It is against the good faith principle to seek deduction and refund of input tax by gold bullion exporters who know that there was an illegal transaction at all stages.

The purpose of seeking deduction and refund of input tax amount by an exporter of gold bullion who trades with knowledge that there was an illegal transaction at all stages is not only to gain profit but also to gain profit from part of the output tax evaded by a malicious business operator by taking advantage of an illegal transaction by a malicious business operator, thereby impairing the basis of overall tax justice, and thus, it cannot be allowed in violation of

Article 15 of the Framework Act on National Taxes

Revocation of imposition, etc. of value-added tax 201Du30120

AAAA

Head of the tax office;

Seoul High Court Decision 2011Nu18061 Decided October 25, 2011

April 12, 2012

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed). The lower court determined that the Plaintiff, a gold bullion exporter, was not allowed in violation of the principle of trust and good faith as provided in Article 15 of the Framework Act on National Taxes, on the grounds that there was a malicious business operator engaged in illegal transactions for the purpose of evading the output tax amount in the course of the series of transactions prior to the transaction, and accordingly, the Plaintiff knew or was unaware of the fact that the deduction and refund of the input tax amount would result in a decrease in other tax revenues. Accordingly, the Plaintiff’s claim for deduction and refund of the input tax amount was made by taking advantage of the malicious business operator’s illegal transactions, thereby taking advantage of the input tax deduction and refund system, and thereby taking advantage of the malicious business operator’s illegal transactions, thereby taking advantage of the system of deduction and refund of the input tax amount as well as impairing the basis of the overall tax justice. In light of the relevant legal principles and records, the lower court’s determination is justifiable, and there is no error in the misapprehension of legal principles as to the principle of trust and good faith as alleged in the grounds for appeal.