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(영문) 대법원 2014. 09. 17. 선고 2014두37801 판결
실제 대가를 받았는지 여부는 부가가치세 납부의무의 성립 여부에 영향을 미치지 아니함.[국승]
Case Number of the immediately preceding lawsuit

Busan High Court Decision 2014Nu20049 Decided May 2, 2014

Title

Whether actual payment has been made or not does not affect the establishment of the liability for value-added tax payment.

Summary

The issue of whether the defendant has actually received the payment of value-added tax in return for the provision of services to another person shall not affect the conclusion of the obligation to pay value-added tax. The disposition of this case made by the defendant to the plaintiff is legitimate.

Related statutes

Article 1 of the Value-Added Tax Act

Cases

2014du37801 Disposition to revoke the imposition of value-added tax.

Plaintiff-Appellant

GuAA

Defendant-Appellee

〇〇세무서장

Judgment of the lower court

Busan High Court Decision 2014Nu20049 Decided May 2, 2014

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The records of this case and the judgment of the court below and the grounds of appeal were examined. However, the grounds of appeal concerning the grounds of appeal are not included in the grounds provided by each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, and the appeal is dismissed pursuant to Article 5 of the Act

It is decided as per Disposition by the assent of all participating Justices.

September 17, 2014

Judges

Justices Lee In-bok

Judges

Justices Kim Yong-deok

Justices Ko Young-han

Judges

Justices Kim So-young

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