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(영문) 서울고등법원 2011. 04. 27. 선고 2010누34851 판결
공사용역관련 사실과 다른 세금계산서를 수취하였는지 여부[국승]
Case Number of the immediately preceding lawsuit

Suwon District Court 2009Guhap12601 (No. 16, 2010)

Case Number of the previous trial

Cho High Court Decision 2009Du1859 (No. 30, 2009)

Title

Whether a tax invoice different from the facts related to construction services has been received

Summary

The customer who received the tax invoice is a data merchant, the actual corporation is verified that it was conducted by another person and constitutes a false tax invoice.

Cases

2010Nu34851 (Law No. 1011.27)

Plaintiff

Dok-si

Defendant

O Head of tax office

Judgment of the lower court

Suwon District Court Decision 2009Guhap12601 Decided September 16, 2010

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 shall be revoked. The imposition of value-added tax for the first term of January 8, 2007 against the plaintiff on January 8, 2009 by the defendant shall be revoked.

Reasons

The reasoning of the judgment of this court is as follows: (a) written evidence submitted in the first instance court is written in Gap evidence (including each number); (b) each fact-finding results to the Z superintendent of the Z superintendent of the YY superintendent of the Z superintendent's office, the YY superintendent of the YY superintendent's office, and the W superintendent of the W superintendent's office is added to the lack of the first instance court's decision, and therefore, (c) it is identical to the reasoning of the first instance court's decision.

Since the judgment of the first instance is justifiable, the appeal filed by the plaintiff is dismissed.

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