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(영문) 창원지방법원 2018.11.28 2015구합23661
부가가치세등부과처분취소
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Plaintiffs are district G Cooperatives established under the Fisheries Cooperatives Act as a cooperative organization of fishermen and fishery product processors.

B. Meanwhile, according to Article 106-2 of the former Restriction of Special Taxation Act (amended by Act No. 11614, Jan. 1, 2013; hereinafter the same), fishermen are exempted from value-added tax, individual consumption tax, traffic, energy and environment tax, education tax, and automobile tax (hereinafter “value-added tax, etc.”) with respect to petroleum products to be used in fisheries (hereinafter “tax-free petroleum”), and the Plaintiffs, as a tax-free oil management agency, purchased tax-free petroleum from the similar oil and supplied it to fishermen in the area subject to the G Cooperatives’s oil stations and supply agency oil through gas stations as follows.

G

C. Meanwhile, the Defendants conducted an inspection of the supply and management of duty-free petroleum to the fishermen (the target year: January 1, 2008 through December 31, 2012) in accordance with a plan to process data on suspicion of illegal distribution of duty-free petroleum for fishing from September 16, 2013 to December 4, 2013, the Defendants confirmed that the Plaintiffs issued a certificate of purchase or delivery of duty-free petroleum to the fishermen (hereinafter “tax-free petroleum purchase card, etc.”) (Article 106-2(4) of the former Restriction of Special Taxation Act; hereinafter “tax-free petroleum purchase card, etc.”) to the Plaintiffs: (a) during their departure from Korea to December 31, 2012; (b) the Plaintiffs issued a certificate of purchase, etc. of duty-free petroleum to the fishermen who died; and (c) the closed vessels, ④ the mooring Line, and ⑤ the vessel that attempted safety inspection of the vessel

Therefore, the Defendants issued a disposition imposing additional tax amounting to 20% of the value-added tax reduced or exempted to the Plaintiffs pursuant to Article 106-2(11)2 of the former Restriction of Special Taxation Act (hereinafter “instant provision”) on the grounds that the Plaintiffs erroneously issued the tax-free petroleum purchase card, etc. due to poor management (hereinafter “instant disposition”).

E. The Plaintiffs are subject to the instant disposition to the Tax Tribunal.

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