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(영문) 서울고등법원 2015.12.18 2015누49421
요양급여부지급처분취소
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 and its modification in this case are deleted from 5.4 to 6.3. Inasmuch as the reasoning of the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance, except for the addition of the following 2. Thus, they are cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. The additional judgment by this Court (the plaintiff's assertion) was made in the instant court for business consultation and contact with the customer as part of the performance of the business.

The plaintiff was subject to the accident of this case due to drinking in the foregoing drinking place.

Therefore, the plaintiff's injury or disease constitutes an occupational accident due to an occupational accident.

[Judgment] 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 trial. The first instance court’s decision rejecting the Plaintiff’s assertion is justifiable even if all the evidence submitted in the first instance trial were examined (see Supreme Court Decision 2013Du25276, Nov. 12, 2015). 3. Accordingly, the judgment of the first instance that dismissed the Plaintiff’s claim as stated in this conclusion is justifiable, and the Plaintiff’s appeal is dismissed as without merit, and the costs of appeal are borne by the losing Plaintiff.

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