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(영문) 서울고등법원 2018.05.03 2017누83609
채무부존재확인
Text

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.

Reasons

The court's explanation of this case by the court of the first instance as to this case is identical to the part of the first instance judgment in addition to the part written by the court below in Paragraph (2). Thus, this case is cited in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

(1) The court of first instance, which rejected the Plaintiff’s assertion, is not significantly different from the allegations in the first instance court, and even if all evidence submitted by the first instance court and this court are examined, the Plaintiff renounced the instant business due to its causes attributable to the Plaintiff, which constitutes grounds for revocation of the decision to grant subsidies under Article 16 subparag. 1 of the project implementation condition of this case and the grounds for recovery of subsidies under Article 33(1)3 of the Subsidy Act, and thus, the court of first instance, which rejected the Plaintiff’s assertion on the ground that there is no significant and obvious defect in the disposition of this case. The court of first instance and the court of first instance, which dismissed the Plaintiff’s assertion, dismissed the Plaintiff’s assertion. The court of first instance, on the part

The letter of the judgment of the court of first instance in the letter of 8 pages 18 "in accordance with excessive offers" shall be written as "in accordance with the defendant's end."

Then, the part 9 of the judgment of the first instance, “ difficult to see.......................................... are added..........., it is difficult to recognize that the Plaintiff’s business waiver was submitted by the Defendant’s end or coercion

Part 13 through 19 of the judgment of the court of first instance shall be conducted between 11, 12 and 13 of the judgment of the court of first instance.

In conclusion, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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