Case Number of the immediately preceding lawsuit
Incheon District Court 2010Guhap2986 (No. 12, 2011)
Case Number of the previous trial
early 2010 Heavy0636 (2010.05.04)
Title
Inasmuch as the place of shipment, buyer, etc. received a shipment mark different from the fact, it shall not be deemed good faith or negligence.
Summary
[Attachment to the judgment of the court of first instance] The shipment slips received from the oil reservoir are not only written differently from the facts, but also written differently from the shipment slips issued separately by the Plaintiff’s purchaser. Thus, it cannot be viewed as good faith and without fault.
Related statutes
Article 17 (Payable Tax Amount)
Cases
2011Nu18498 Revocation of Disposition of Imposing Corporate Tax, etc.
Plaintiff and appellant
XX Gas station Co., Ltd.
Defendant, Appellant
The Director of Incheon Tax Office
Judgment of the first instance court
Incheon District Court Decision 2010Guhap2986 Decided May 12, 2011
Conclusion of Pleadings
September 28, 2011
Imposition of Judgment
November 30, 2011
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The judgment of the first instance is revoked. The defendant's disposition of imposition of KRW 61,047,610 on January 8, 2010 and KRW 7,619,990 on corporate tax belonging to the business year of 2008 shall be revoked in all.
Reasons
1. cite the judgment of the first instance;
The reasons why this Court is used for this case are as the reasons for the judgment of the court of first instance. The reasons shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420
2. Conclusion
Plaintiff
The appeal is dismissed.