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(영문) 서울고등법원 2020.10.08 2020누40237

요양불승인처분취소

Text

The plaintiff (the plaintiff)'s appeal is dismissed.

The costs of appeal shall be borne by the plaintiff (Plaintiff).

purport, purport, and.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except where the following is added to the corresponding part of the judgment of the court of first instance. Thus, this is accepted in accordance with Article 8(2) of the Administrative Litigation Act and Article

【Supplementary Part】 On the 3rd page, the following shall be added after the 6th page:

“On the other hand, the Plaintiff asserts to the effect that there was a ground for retrial under Article 451(1)6 and 7 of the Civil Procedure Act on the ground that the subcontract agreement prepared by F was modified and that the article I false statement was made. The “when a document or any other article was forged or altered as evidence of a judgment” under Article 422(1)6 of the Civil Procedure Act refers to the case where it is probable that the forged document, etc. was provided as direct or indirect material for fact-finding and the court would have rendered a judgment different from the judgment in question if it did not take into account the forged document, etc., and the remaining evidence except the forged document, etc. can be recognized even if there is no probability that the judgment may change if there was no forged document, etc., or that there would be no difference in the text of the judgment, or that the forged document, etc. was cited as evidence for fact-finding in the grounds for retrial, and that there was no influence on the remainder of the judgment subject to retrial other than the judgment for retrial under Article 422(1)6 of the Civil Procedure Act.