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(영문) 서울고등법원 2020.09.25 2019누68192
업무정지처분취소
Text

All Plaintiff’s appeal and Defendants’ incidental appeal are dismissed.

Expenses for appeal and incidental appeal shall be individually included.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is either dismissed or added as follows, and the judgment on the assertion that the plaintiff emphasizes as the grounds for appeal and the Defendants emphasizes as the grounds for incidental appeal is added as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment as stated in paragraph (2) below, thereby citing it as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of

[Supplementary or additional parts] Article 32 of the first instance judgment, “The salary of January 2014 is KRW 1,816,450 for the benefit of January 2014, KRW 1,815,340 for the benefit of February, KRW 1,812,350 for the benefit of March, 2013, KRW 1,816,450 for the benefit of December, 2013, KRW 1,815,340 for the benefit of January 2014, and KRW 1,812,350 for the benefit of February.”

On the 6th page of the first instance judgment, the following shall be added.

[The plaintiff, unlike the first instance court, includes approximately KRW 5,00,000, which was transferred from the plaintiff's account to the F's account on September 17, 2013, as approximately KRW 2,000,000, which was paid in August 2013, F's advance payment is about KRW 3,000,000 (= KRW 5,000,000 - KRW 2,000,000), and the above advance payment was replaced by F's payment for March 2014 and April 8, 2014 (no later than April 8, 2014).

However, in addition to the above 5,00,000 won, it is recognized that KRW 2,01,030 has been transferred from the Plaintiff’s account to the Plaintiff’s account under the name of “Seoul FF August salary” on September 17, 2013 (see, e.g., No. 6-5 of the evidence No. 6). Therefore, the entire amount of KRW 5,000,000 has been advance payment.

[] No. 34 of the first instance judgment No. 20 of the 34th instance judgment of "I, the assistant nurse J,K" shall be deemed "I, J, and the assistant nurse K."

Part 39 of the first instance judgment, "No. 7-2, 3, and 4 of the evidence No. 7-2, 3, and 4 of the first instance judgment shall be deemed "No. 7-1, 2, and 3 of the evidence No. 7."

In the first instance judgment, the 46th 10th knife "43 (Payment Ledger)" shall be "42 (Payment Ledger)".

Part 54 of the first instance judgment, "AK" in Part 15 shall be deemed "AK and AH".

Part 59 of the first instance judgment "No. 4 of November 2014".

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