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(영문) 대법원 2017. 10. 11. 선고 2017두52962 판결
실질적으로 운영한 사업자가 아니라고 봄이 상당하므로 그로부터 발급된 세금계산서는 사실과 다른 세금계산서에 해당함[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court-2016-Nu66317 (Law No. 31, 2017)

Case Number of the previous trial

Cho Jae-2015-west-1318 (Law No. 18, 2015)

Title

Since it is reasonable to deem that the entrepreneur is not an entrepreneur, a tax invoice issued therefrom constitutes a false tax invoice.

Summary

Since it is reasonable to deem that a business operator is not a business operator in fact, it is difficult to deem that a tax invoice issued therefrom constitutes a false tax invoice, and it is difficult to deem that the business operator was unaware of, or was unaware of, the actual business operator

Related statutes

Article 16 of the Value-Added Tax Act [Tax Invoice]

Cases

2017Du52962

Plaintiff and Appellant

Maritime Co., Ltd.

Defendant-Appellee

○ Head of tax office

The judgment below

Seoul High Court 2016Nu66317

Imposition of Judgment

2017.09.28

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The lower judgment and the appellate brief all of the records of this case were examined, but the appellant’s grounds of appeal are examined.

The argument regarding the procedure of appeal does not include the reasons prescribed in the subparagraphs of Article 4(1) of the Act on Special Cases concerning the Procedure of Appeal.

The appeal is dismissed in accordance with Article 5 of the same Act, since it is found that there is no reason or reason to do so;

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

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