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(영문) 서울고등법원 2020.03.26 2019누56212

직접생산확인 취소처분 취소

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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited in this case is as follows, and the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment, except for the additional decision as stated in paragraph (2) below. Thus, this case is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

In the third sentence of the first instance judgment, "6,910,00" in the second sentence shall be "6,910."

Part 3 of the first instance judgment, part 21, part 4, part 2 of the second part of the second part of the judgment "Jari-gu AM factory located in Chungcheongnam-si" is all dismissed as the "factory located in Cheongju-si."

Part 10 (excluding Table 1) and Part 7 of the first instance judgment are all referred to as "this court".

Part 15 of the judgment of the court of first instance is deleted from Part 1 to Part 5, and Part 5 to Part 6 "AAdo, a subordinate business entity," shall be read as "AA, a subordinate business entity of the plaintiff," respectively.

The following shall be added to the fourth page following the first instance judgment:

【) Meanwhile, the Plaintiffs asserted that the Defendant was supplied with finished products by another company based on the initial disposition of the instant case, and subsequently changed the assertion that the Plaintiffs were supplied with the essential components or components that were performed during the instant period. The Plaintiffs asserted to the effect that the original grounds for disposition and basic facts are not identical, and thus, the grounds for disposition cannot be deemed the grounds for disposition.

However, if the disposition agency merely explicitly expresses the original reason for the disposition within the scope that does not change the specific facts specified at the time of the disposition, it cannot be deemed that the new reason for the disposition is added or modified.

(see, e.g., Supreme Court Decisions 88Nu11926, Jul. 25, 1989; 2012Du24825, Oct. 11, 2013). The grounds for each disposition in the instant disposition order are as seen earlier that the Plaintiffs “in the course of the production of the goods in question” were “in the course of the production of the goods in question.”