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(영문) 서울고등법원 2018.9.11. 선고 2018누46317 판결

보상금

Cases

2018Nu46317 Monetary Rewards

Plaintiff Appellant

A

Defendant Elives

Korea

The first instance judgment

Seoul Administrative Court Decision 2017Guhap85108 Decided April 19, 2018

Conclusion of Pleadings

July 3, 2018

Imposition of Judgment

September 11, 2018

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 is revoked. The defendant shall pay 23,000,000 won to the plaintiff.

Reasons

1. Quotation of the first instance judgment

The grounds for the plaintiff's assertion in the trial court are not different from the allegations in the trial court, and the judgment of the court of first instance rejecting the plaintiff's assertion even if the evidence submitted in the court of first instance is re-examineed with the plaintiff's assertion

Therefore, the court's explanation on this case is identical to the statement of the first instance judgment in addition to the fact that the "certificate 6" of the first instance court No. 3, the "certificate 6" of the first instance court No. 11, and the "Compulsory Mobilization Act" of the 16, 19 are different from the "Compulsory Mobilization Investigation Act", so it is citing it as it is in accordance with Article 8 (2) of the Administrative Litigation Act, the main sentence of Article 420 of the Civil Procedure Act.

2. Conclusion

Therefore, the plaintiff's claim of this case shall be dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

Judges

The presiding judge, appointed judge;

Judge Park Jong-soo

Judges Lee Hyun-woo