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(영문) 서울고등법원 2011. 6. 3. 선고 2010누42401 판결

[과징금부과처분취소][미간행]

Plaintiff, Appellant

[Defendant-Appellant] The Korea Development Bank (Law Firm Gwangju, Attorney Hwang Il-woo, Counsel for defendant-appellant-appellant)

Defendant, appellant and appellant

The head of Seongbuk-gu Seoul Metropolitan Government (Law Firm Shin, Attorney Park Jae-young, Counsel for the plaintiff-appellant)

Conclusion of Pleadings

May 13, 2011

The first instance judgment

Suwon District Court Decision 2010Guhap4682 Decided October 20, 2010

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 disposition of imposing penalty surcharge of KRW 1,537,373,600 against the Plaintiff on January 12, 2010 shall be revoked.

2. Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

Reasons

1. Quotation of judgment of the first instance;

The court's explanation of this case is the same as the reasoning of the judgment of the court of first instance. Thus, it is citing this as it is in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Conclusion

Therefore, the decision of the first instance court is justifiable, and the defendant's appeal is dismissed, and it is so decided as per Disposition.

Judges Gangnam-gu (Presiding Judge)