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(영문) 대법원 2017. 01. 12. 선고 2016두57793 판결
(심리불속행)이 사건 세금계산서는 실물거래에 따른 것으로 사실과 다른 세금계산서로 볼 수 없음.[국패]
Case Number of the immediately preceding lawsuit

Seoul High Court-2016-Nu-35726 ( October 5, 2016)

Title

(B) The tax invoice of this case shall not be deemed to be a false tax invoice due to a real transaction.

Summary

(1) The summary of the instant tax invoice may be deemed to be a false tax invoice, and even if it constitutes a false tax invoice, the Plaintiff did not know that it was false and did not commit any negligence.

Related statutes

Article 17 (Payable Tax Amount)

Cases

2016du5793 Revocation of Disposition of Imposition of Value-Added Tax, etc.

Plaintiff-Appellant

Gong ○

Defendant-Appellee

1.A Director of the Tax Office

2.B Director of the Tax Office

Judgment of the lower court

Seoul High Court Decision 2016Nu35726 Decided October 5, 2016

Imposition of Judgment

January 12, 2017

Text

All appeals are dismissed.

The costs of appeal are assessed against the Defendants.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the allegation in the grounds of appeal by the appellant falls under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal, and therefore, all of the appeals are dismissed under Article 5 of the same Act. It is so decided

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