Case Number of the immediately preceding lawsuit
Seoul Administrative Court 2010Guhap41826 ( October 21, 2011)
Case Number of the previous trial
Cho High Court Decision 2010Du2718 ( December 21, 2010)
Title
It cannot be readily concluded that it is a nominal transaction solely for all the circumstances, such as that there was a bomb coal company in the gold bullion transaction process
Summary
(1) It is difficult to readily conclude that the supply of goods subject to value-added tax is not a nominal transaction, solely based on all the circumstances, including the fact that there was a wide carbon company at a series of transactions of gold bullion, or that gold bullion is delivered and paid solely for the purpose of disguised trade in real transactions.
Related statutes
Article 17 (Payable Tax Amount)
Cases
2011Nu1587 Revocation of Disposition of Imposition of Value-Added Tax
Plaintiff, Appellant
XX precious metal corporation
Defendant, appellant and appellant
Head of the tax office;
Judgment of the first instance court
Seoul Administrative Court Decision 2010Guhap41826 decided April 21, 2011
Conclusion of Pleadings
November 4, 2011
Imposition of Judgment
January 6, 2012
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1. Purport of claim
The Defendant’s imposition disposition of KRW 354,428,520 on June 1, 2010 for the second term portion of value-added tax for the year 2005 against the Plaintiff, KRW 235,773,970 on the first term portion of value-added tax for the year 2006, and KRW 42,261,050 on the corporate tax for the year 2005, and KRW 28,589,060 on the corporate tax for the year 206 shall be revoked.
2. Purport of appeal
The judgment of the first instance is revoked. The plaintiff's claim is dismissed.
Reasons
The reasons for this decision are as shown in the judgment of the court of first instance, except for the addition of the fact that the tax invoice of this case is insufficient to be deemed to constitute a false tax invoice even if the written statement of No. 8-1, 2, 3, and 9-2 submitted by the defendant in the trial of the court of first instance is added to all the evidence submitted by the defendant in the trial of the court of first instance. Therefore, the judgment of the court of first instance is legitimate, and the defendant's appeal is dismissed as it is so decided as per Disposition.