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(영문) 서울고등법원 2016.04.05 2015누71770
손실보상금 증액
Text

1. Of the judgment of the first instance, KRW 23,141,230 against the Plaintiff among the judgment of the court of first instance, and its related thereto, from May 14, 2014 to April 5, 2016.

Reasons

1. The reasoning for the court’s explanation on this part of the basic facts is as stated in the part of “1. Basic Facts” among the reasoning of the judgment of the first instance, and thus, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

In addition, "189,896,170 won" in the second 16th 16th 16th 16th 2th of the judgment of the first instance shall be added "(152,336,170 won business compensation amounting to 37,560,000 won)."

The following shall be added between conduct 16 and 17:

D. The appraisal results of the first instance appraiser E (hereinafter “court appraiser E”) - The appraisal results of the appraisal results of the Plaintiff shall be KRW 217,337,400 in total (171,037,400 business compensation amounting to KRW 46,300 in business compensation amounting to KRW 46,30,000 in business compensation amounting to KRW 171,037,40 in property compensation amount) and the second instance judgment’s appraisal results of the first instance court’s entrustment to appraiser E shall be added.

2. The parties' assertion

A. The plaintiff's assertion of the objection of this case did not properly compensate the obstacles and operating losses of this case. Thus, the defendant should pay the difference between the compensation for losses reasonably calculated according to the court's appraisal and the compensation for losses under the ruling of this case to the plaintiff.

B. The Defendant’s assertion (1) In calculating the operating profit corresponding to the period of suspension during the business loss compensation related to the business loss compensation, the court’s appraisal is based on the average operating profit for the last three years of the pertinent business, barring any special circumstance. However, there is an error of evaluation by applying the average operating profit for the three years immediately preceding the public announcement of the instant public announcement of the business, and (2) in calculating the operating profit based on objective data such as profit and loss statement, which lacks credibility submitted by the Plaintiff, as well as basic data.

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