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(영문) 대구고등법원 2016.1.15. 선고 2015누5710 판결

도산등사실불인정처분취소

Cases

2015Nu5710 Revocation of non-recognition of bankruptcy, etc.

Plaintiff Appellant

A

Defendant Elives

Head of the Daegu Regional Labor Agency

The first instance judgment

Daegu District Court Decision 2014Guhap818 Decided June 17, 2015

Conclusion of Pleadings

November 27, 2015

Imposition of Judgment

January 15, 2016

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. On January 21, 2014, the defendant revoked the disposition of non-recognition of bankruptcy, etc. against the plaintiff.

Reasons

1. Quotation of judgment of the first instance;

The grounds for the Plaintiff’s assertion in the trial while filing an appeal do not differ significantly from the contents of the Plaintiff’s assertion in the first instance trial, and even if all the evidence submitted in the first instance trial and the statements in Gap’s evidence submitted in the first instance trial are examined, the judgment of the first instance court rejecting the Plaintiff’s assertion is justifiable. Accordingly, the reasoning for the court’s explanation in this case is the same as the reasoning for the judgment of the first instance court, except where “the suspicion of violation” in the seventhhhh of the judgment of the first instance court is deemed to be “the suspicion of violation,” and thus, it is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Conclusion

Therefore, the plaintiff's claim is dismissed as it is without merit, and 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, senior judge and public officer;

Judges Boli-a

Judges fixed-term