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(영문) 수원고등법원 2020.7.1.선고 2020누10216 판결

도산등사실인정거부처분취소의소

Cases

2020Nu10216 Action for revocation of a rejection disposition to recognize bankruptcy, etc.

Plaintiff-Appellant

A

Defendant Appellant

The head of the Sung-nam District Employment and Labor Office

The first instance judgment

Suwon District Court Decision 2019Guhap62049 Decided December 19, 2019

Conclusion of Pleadings

April 29, 2020

Imposition of Judgment

July 1, 2020

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 rejection disposition against the plaintiff on March 16, 2018 is revoked on March 16, 2018.

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

Reasons

1. Quotation of the first instance judgment

The grounds for appeal by the Defendant do not differ significantly from the allegations in the first instance court, and even if the evidence submitted to the first instance court was presented to this court, the fact-finding and judgment in the first instance are recognized as legitimate even if each evidence was presented to this court. Accordingly, the grounds for appeal by this court are as follows: (a) the “the same day” of the second 7th of the grounds of the first instance judgment is the same as the grounds for the first instance judgment except for the “the same day” of the second 7th of the same month; and (b) thus, it is cited in accordance with

2. Conclusion

The first instance judgment is justifiable, and the defendant's appeal is dismissed.

Judges

The judge of the presiding judge shall be mining only

Judges' Quota

Judges Training Sub-Appellant