Case Number of the immediately preceding lawsuit
Busan District Court Decision 2013Guhap2108 (Law No. 16, 2013)
Case Number of the previous trial
Cho High Court Decision 2013Da461 (Law No. 138, 2013)
Title
If the obligation to receive the eligibility evidence intentionally violates the obligation, it is legitimate to exclude the application of the penalty limit under Article 49 of the Framework Act on National Taxes.
Summary
(1) If the transaction was conducted with a prior knowledge that it would not be possible to receive a tax invoice under the knowledge that the purchase tax invoice should be received, then it would be reasonable to exclude the application of the limit of penalty tax under Article 49 of the Framework Act on National Taxes and impose penalty tax accordingly.
Cases
2013Nu21205 Revocation of revocation of the imposition of additional tax
Plaintiff and appellant
AA enterprise, Inc.
Defendant, Appellant
○ Head of tax office
Judgment of the first instance court
Busan District Court Decision 2013Guhap21008 Decided December 19, 2013
Conclusion of Pleadings
May 14, 2014
Imposition of Judgment
June 11, 2014
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 defendant's corporate tax (additional tax) against the plaintiff on October 0, 2012 shall be revoked.
The imposition of KRW 00,000,000 shall be revoked.
Reasons
1. Quotation of judgment of the first instance;
The reasoning of the judgment of the court in this case is the same as that of the judgment of the court of first instance.
Article 8(2) of the Court Litigation Act and the main sentence of Article 420 of the Civil Procedure Act shall be cited as it is (the plaintiff).
The trial basically repeats the same argument in the first instance court, and the plaintiff is a party to the trial.
Even if examining some complementary arguments and reasons, the first instance judgment is justifiable).
2. Conclusion
If so, the plaintiff's claim shall be dismissed as it is without merit, and the judgment of the court of first instance shall conclude this conclusion.
Therefore, the plaintiff's appeal is just, and it is dismissed.