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(영문) 서울고등법원 2007. 03. 28. 선고 2006누13369 판결
사실과 다른 세금계산서[국승]
Title

False Tax Invoice

Summary

It is reasonable to view that a tax invoice was prepared and delivered as a processing without an actual transaction, in light of the payment timing and amount of the price and the fact that the tax invoice does not coincide with that of the non-party company, the fact that the non-party company

Related statutes

Tax amount paid under Article 17 of the Value-Added Tax Act

Article 21 of the Value-Added Tax Act

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 shall be revoked. The defendant shall revoke the disposition of imposition of value-added tax of KRW 26,669,200 against the plaintiff on April 1, 2005.

Reasons

"1. The reasons why the court's explanation concerning this case is the same as the statement in the reasoning of the judgment of the court of first instance except for adding "Evidence No. 11" to "Evidence No. 6 to No. 10 of No. 3 of the judgment of the court of first instance No. 3, No. 18 of the case, No. 6 of the judgment of the court of first instance, and Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act."

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