Case Number of the immediately preceding lawsuit
Suwon District Court 2012Guhap4228 ( November 28, 2012)
Case Number of the previous trial
National Tax Service Review Division 201-0057 ( December 16, 2011)
Title
A lawsuit filed after the lapse of 90 days from the date on which a written decision is served shall be unlawful.
Summary
(As with the judgment of the court of first instance), the authority of the appellant shall be included naturally in the delivery of the written decision, and any employee or employee of the appellant shall be entitled to receive the written decision in lieu of the agent's written decision.
Related statutes
Article 56 of the Framework Act on National Taxes, Article 59 of the Framework Act on National Taxes
Cases
2012Nu40256. Revocation of imposition of value-added tax, etc.
Plaintiff and appellant
AA
Defendant, Appellant
The superintendent of the tax office
Judgment of the first instance court
Suwon District Court Decision 2012Guhap4228 Decided November 28, 2012
Conclusion of Pleadings
August 27, 2013
Imposition of Judgment
September 13, 2013
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’s disposition of imposition of the first and second OOO on December 3, 2010 against the Plaintiff shall be revoked.
Reasons
1. Quotation of judgment of the first instance;
The reasoning for this Court's explanation is the same as that for the judgment of the court of first instance, and it is also accepted by Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.
2. Conclusion
If so, the lawsuit of this case is unlawful and dismissed, and the judgment of the court of first instance is just with this conclusion, and the plaintiff's appeal is dismissed, and it is so decided as per Disposition.