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(영문) 대전고등법원 2012. 05. 31. 선고 2012누179 판결
부실한 출하전표를 받았음에도 확인을 소홀히 하였으므로 선의ㆍ무과실로 인정할 수 없음[국승]
Case Number of the immediately preceding lawsuit

Daejeon District Court 201Guhap1575 ( December 07, 2011)

Case Number of the previous trial

Cho High Court Decision 2010Na3417 ( October 07, 2011)

Title

Since it was neglected to verify despite the receipt of a defective shipment mark, it cannot be recognized as good faith or negligence.

Summary

(The judgment of the court of first instance is the same as the judgment of the court of first instance) of the Plaintiff’s shipment slips that the time of issuance is written on a daily basis, as well as the temperature, weight, and density are very poor compared to the general shipment slips, and thus, the Plaintiff’s negligence of confirmation cannot be recognized as good faith and without fault.

Related statutes

Article 17 of the Value-Added Tax Act

Cases

2012Nu179 Revocation of Disposition of Imposition of Value-Added Tax

Plaintiff and appellant

XX

Defendant, Appellant

Head of Hongsung Tax Office

Judgment of the first instance court

Daejeon District Court Decision 201Guhap1575 Decided December 7, 2011

Conclusion of Pleadings

May 3, 2012

Imposition of Judgment

May 31, 2012

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 is revoked, and the defendant revoked the disposition of imposition of value-added tax of KRW 000 on July 5, 2010 against the plaintiff on July 5, 201.

Reasons

The reasoning for this Court’s reasoning is as follows: (a) the reasoning for this Court’s reasoning is as stated in Section 3, 6, and 7 of Section 5, Section 8, Section 6 of Section 5, Section 7, Section 6 of Section 7, except for addition of Section 9, Section 8(2) of the Administrative Litigation Act, Section 420 of the Civil Procedure Act, and Section 420 of the Civil Procedure Act.

Therefore, the judgment of the first instance court is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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