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(영문) 서울고등법원 2017.10.13 2017누53349
장애보상금청구
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The reasoning of the judgment of the court of first instance cited in this case is as stated in the reasoning of the judgment of the court of first instance, except for adding a judgment to this court as follows. Thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. The Plaintiff asserts in this court that “The reasonable compensation to be paid by the Plaintiff is the amount set forth in the instant decision and added the amount set forth in the final judgment of this case, and thus, the Plaintiff’s claim cannot be deemed extinguished by the Defendant’s repayment solely based on the amount paid by the Defendant.”

The above assertion made by the Plaintiff in this court is not different from the contents of the Plaintiff’s assertion in the first instance court. The first instance court’s decision rejecting the Plaintiff’s assertion on the grounds as cited earlier, even after examining the evidence submitted by the Plaintiff in addition to the evidence (Evidence A 17-19) submitted by the Plaintiff in this court, is justifiable. The amount ordered to be paid to the Defendant in the final and conclusive judgment of this case is not the total amount of reasonable compensation to be paid by the Plaintiff or the amount to be paid in addition to the amount stipulated in the instant decision

3. In conclusion, the plaintiff's claim is without merit.

In conclusion, the judgment of the first instance, which dismissed the plaintiff's claim, is justifiable, and the plaintiff's appeal is dismissed as it is without merit, and the costs of appeal are borne by the losing plaintiff.

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