부당이득금징수처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the court of the first instance’s explanation concerning this case is the same as that of the first instance judgment in addition to the submission or addition of the following, and thus, it shall be cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
(Other grounds alleged by the Plaintiff in the appeal do not differ significantly from the contents of the Plaintiff’s assertion in the first instance court, and even if all the evidence submitted to the first instance court and this court are examined, the fact-finding and the judgment of the first instance court that rejected the Plaintiff’s assertion is justifiable). [In the third instance of the first instance judgment, “Nos. 1 through 7, 9 through 12, and 17 through 19” in the second instance of the second instance judgment shall be “Nos. 1 through 7, 17 through 19,” respectively.
Part 4 of the first instance judgment, "No. 6-1 through 3, 22, and 23-1 of the A" shall be added to "No. 2, 6, 22, 23, 27-1 of the first instance judgment (including the number of pages)."
The following shall be added to the 10th page of the first instance judgment:
“8 The judgment of the court of first instance (hereinafter “related judgment”) in the case where B filed a claim against the Plaintiff andO for prohibition of infringement of copyright and neighboring rights and damages (Korean Government High Court High Court Decision 2017Gahap72099)
) In the Plaintiff, “the Plaintiff was working as the team leader in charge of technology in B, and retired on March 25, 2015.” However, this is not inconsistent with the instant disposition that “the Plaintiff provided labor in D after formally retired from B on March 25, 2015,” and it is sufficiently estimated that the Plaintiff had served in D following the formal withdrawal from B on March 25, 2015, in view of the circumstances and ① to the above, and ② to the extent that the Plaintiff had served in B on March 25, 2015.”
2. In conclusion, the plaintiff's claim shall be dismissed as it is without merit.
The judgment of the first instance is just in conclusion, and thus, the plaintiff's appeal is dismissed.