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(영문) 대법원 2017. 08. 23. 선고 2017두44916 판결
원고의 이 사건 거래는 사실과 다른 세금계산서거래로 보는 것이 타당함.[국승]
Title

It is reasonable to regard the Plaintiff’s instant transaction as a tax invoice transaction different from the fact.

Summary

In light of the facts revealed in the instant case, it is difficult to accept the Plaintiff’s assertion because there is a lack of proof that there was a real transaction.

Related statutes

Article 67 of the Corporate Tax Act

Cases

2017Du44916 Revocation of Disposition of Imposing Corporate Tax, etc.

Plaintiff-Appellant

CGTEX Co., Ltd.

Defendant-Appellee

the director of the tax office

Judgment of the lower court

Seoul High Court Decision 2016Nu65765 Decided April 26, 2017

Imposition of Judgment

on January 23, 2017

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the grounds of appeal are examined.

Therefore, the appeal is dismissed in accordance with Article 5 of the Act. It is so decided as per Disposition by all participating Justices on the bench.

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