logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 2011. 06. 02. 선고 2011누202 판결
주유소 사업자로서 사실과 다른 세금계산서를 교부받았음[국승]
Case Number of the immediately preceding lawsuit

Daejeon District Court 2010Guhap2700, 011.12

Title

A gas station operator who was issued a false tax invoice;

Summary

(As with the judgment of the court of first instance), a tax invoice delivered by a business operator operating a gas station constitutes a tax invoice different from the fact, and a tax invoice is insufficient to recognize that it is a good faith and negligence, and thus the disposition that did not deduct an input tax amount is legitimate.

Cases

2011Nu202 Revocation of Disposition of Imposition of Value-Added Tax

Plaintiff and appellant

OraA

Defendant, Appellant

○ Head of tax office

Judgment of the first instance court

Daejeon District Court Decision 2010Guhap2700 Decided January 12, 201

Conclusion of Pleadings

April 21, 201

Imposition of Judgment

June 2, 2011

Text

1. The plaintiff's appeal is dismissed.

2. Costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The judgment of the first instance shall be revoked. Each disposition of the first instance value-added tax for the first term of August 1, 2008 rendered by the defendant against the plaintiff on August 1, 2009 and value-added tax for the second term of November 1, 2009 and value-added tax for the second term of 208 on November 1, 2009 shall be revoked.

Reasons

The court's reasoning for this case is as follows: Gap evidence additionally submitted at the court of first instance that is insufficient to recognize the plaintiff's assertion; Gap evidence Nos. 5-1 to 5; Eul evidence No. 6; "000" in No. 41,12 of the judgment of the court of first instance shall be deemed "○○○000"; "No. 6. 4, 2008" in No. 12 of the judgment of the court of first instance shall be deemed "6. 24, 2008"; "YAA" in No. 6. 20 of the judgment of the court of second instance shall be deemed "YB"; "No. 208" in No. 8 shall be deemed "No. 1, 2008"; "three months" in No. 8 shall be deemed "two months"; "No. 2009 of the judgment of the court of first instance shall be deemed "No. 4,000"; "No. 1678 of the judgment" shall be deemed "No. 8 of the plaintiff's.

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

arrow