The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The judgment below

Part 7 11 and Part 5.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. The court shall judge whether the origin of facts is true in accordance with logical and empirical rules free conviction, taking into account the purport of the whole pleadings and the result of examination of evidence;

(Article 8(2) of the Administrative Litigation Act, Article 202 of the Civil Procedure Act). The recognition of facts, the selection of evidence and evaluation are within the discretionary power of the fact-finding court unless they exceed the bounds of the principle of free evaluation

In addition, where a party has filed an application for resumption of oral argument to prove his/her assertion after the closing of oral argument, the court may decide in its discretion whether to accept the application for resumption of oral argument, unless it goes against procedural justice pursued by the Civil Procedure Act, such as where the party who filed the application for resumption of oral argument has not been given the opportunity to prove his/her assertion due to the reasons for which it is difficult to impose liability on him/her before the closing of oral argument, and the subject matter of proof of the argument falls under the facts that can depend on the outcome of the judgment (this case’s facts requiring proof).

(See Supreme Court Decisions 86Meu1230 Decided December 8, 1987; 2010Da20532 Decided October 28, 2010, etc.). 2. The lower court determined that the evidence submitted by the Defendant alone cannot be deemed to have reached KRW 76,797,749,749, when the costs of health care benefit claimed by the Plaintiff in relation to the item of “non-performance of mental health care benefit” exceed KRW 7,476,820, in light of the specific contents of the confirmation document prepared by the Plaintiff, the result of the criminal judgment related thereto, and other various circumstances revealed in the pleading.

3. Examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the record, the lower court did not exhaust all necessary deliberations as alleged in the grounds of appeal.