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(영문) 대법원 2017. 03. 09. 선고 2016다269674 판결

예규를 제정한 행위 등을 원인으로 한 손해배상청구권의 정 여부[국승]

Case Number of the immediately preceding lawsuit

Seoul High Court-2016-Na2037028 ( November 03, 2016)

Title

Whether a claim for damages is determined on the grounds of an act enacted by the established rules, etc.

Summary

Since there is no taxation disposition by a public official in charge, no illegal act exists, the plaintiff's right to claim damages against the defendant does not exist.

Cases

2016Da269674 Compensation for damages

Plaintiff-Appellant

KimA

Defendant-Appellee

Korea

The third instance decision

National Rotations

Imposition of Judgment

on 03.03 09

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the appellant's ground of appeal falls under Article 4 of the Act on Special Cases concerning the Trial Procedure, and it is therefore dismissed pursuant to Article 5 of the above Act. It is so decided as per Disposition by the assent of all participating Justices.