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(영문) 대법원 2018. 12. 31. 선고 2018두57148 판결
재화 등을 공급하는 거래가 실제로 존재하더라도 그 공급주체가 세금계산서 발행 명의자와 다른 세금계산서도 ‘사실과 다른 세금계산서’에 해당함.[국승]
Case Number of the immediately preceding lawsuit

Gwangju High Court-2017-Nu-1679 ( August 20, 2018)

Title

Even if there is a transaction in which goods, etc. are supplied, it constitutes a different tax invoice from the nominal owner of the tax invoice.

Summary

Even if a transaction of supplying goods, etc. actually exists, a tax invoice issued by the supplier through a so-called disguised transaction different from the name of the issuer of the tax invoice also constitutes a false tax invoice. It is difficult to recognize that the Plaintiff visited the place of business before the commencement of the transaction and confirmed the existence of the transaction, and is not a bona fide

Related statutes

Article 39 subparagraph 2 of the Value-Added Tax Act

Cases

2018Du57148 Revocation of Disposition of Imposition of Value-Added Tax

Plaintiff-Appellant

Limited HN industry

Defendant-Appellee

00. Head of tax office

Judgment of the lower court

Gwangju High Court Decision 2017Nu1679 Decided August 20, 2018

Imposition of Judgment

December 28, 2018

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 it is clear that the appellant's ground of appeal falls under Article 4 of the Act on Special Cases Concerning the Trial Procedure, and it is therefore dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by the assent of all participating Justices.

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