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(영문) 서울고등법원 2015.08.20 2014누66047
산재요양불승인처분취소
Text

1. The defendant's appeal is dismissed.

2. Of the costs of appeal, the part resulting from the intervention in the lawsuit shall be the intervenor of the lawsuit.

Reasons

1. The reasoning of the judgment of the court of first instance that cited this case is identical to the part of the reasoning of the judgment of the court of first instance, except for the dismissal as follows, and thus, it shall be cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

Each "non-party company" on the grounds of the judgment of the court of first instance shall be the "Defendant Litigation Intervenor".

B. On 2 pages 2, 2, and 3 of the first instance court judgment, “A person who goes to work as a logistics warehouse at home” means “A person who causes goods to be transported from the Plaintiff’s house located in Yeongdeungpo-gu Seoul Metropolitan Government D to a logistics warehouse located in the estimated 192-4 of the estimated 192-4.”

(c) remove “in transit” of 4 pages 3 of the first instance trial judgment from “in transit” to “in transit of goods to be transported,” and delete “in transit.”

The 6th judgment of the first instance court is 17 to 19th judgment as follows.

"(6 clean Bana Co., Ltd.) leased the above logistics warehouse from a stock company, and then contracted the management of the above logistics warehouse and the transportation of the goods to the defendant litigation intervenor.

The defendant litigation intervenor re-subcontracted the management of the above logistics warehouse to the so-called "Saman" system, and had the owner of the goods, including the plaintiff, transport the goods to the above logistics warehouse in a clean warehouse, and transport the goods from the above logistics warehouse to the delivery site.

The plaintiff and the land owner, including the plaintiff, caused the goods to be transported from each's house to the above logistics warehouse by using the land-in vehicle, and completed the transportation affairs, they returned to the house of each person by using the land-in vehicle.

The defendant litigation intervenor paid fuel expenses to local owners, including the plaintiff, in relation to the transit required to go from the house to the logistics warehouse by using the rolling stock.

The above logistics warehouse shall be B, E, and F.

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