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(영문) 서울고등법원 2014.09.17 2013누53723

주류판매업면허취소처분취소

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasons why the court should explain by the court of first instance are as follows, except for the case where the defendant added a judgment on the argument that the defendant emphasizes in particular or unsatisfyed, the reasons why the court of first instance should accept it pursuant to Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Judgment on the defendant's assertion

A. In light of the Defendant’s assertion: (a) the method by which the Plaintiff settleds B and 23 business allowances; (b) the equipment cost and the method of handling vehicle installments; (c) the customer management and the method of collecting attempted claims; and (d) the Plaintiff’s assertion falls under B and 23 non-licensed intermediate wholesale, not the Plaintiff’s employee; and (b) the instant revocation disposition and the instant release reduction disposition are legitimate.

B. The following circumstances cited in the reasoning of the judgment of the court of first instance, i.e., (i) the Plaintiff paid basic pay, work allowances, and bonuses to B and 23 persons; (ii) the Plaintiff was registered as the Plaintiff’s owner, and the Plaintiff was liable for the installment payment, insurance premium, automobile tax, etc. under the Plaintiff’s joint and several sureties’s guarantee; (iii) the air conditioners supplied to the transaction partner, equipment and supplies such as the display place, etc. supplied to the transaction partner and supplied them to the transaction partner; (iv) the B and 23 persons did not hold a business warehouse to keep alcoholic beverages; and (v) the delivery of alcoholic beverages to the transaction partner was deposited into the Plaintiff’s account and deposited in cash; and (v) the Plaintiff did not recover the money from the transaction partner’s claims.