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(영문) 대법원 2015.03.20 2014두15214
업무정지처분취소
Text

The plaintiff's appeal is dismissed.

The defendant's appeal is dismissed.

Costs of appeal shall be borne by each party.

Reasons

1. The plaintiff's appeal is examined ex officio before determining the plaintiff's grounds of appeal, and the appeal is sought to revoke or change the judgment disadvantageous to him/her so that he/she can benefit from the judgment rendered disadvantageous to him/her. Therefore, the appeal of appeal against the entire judgment of the court below in favor of the plaintiff is not allowed as there is no benefit of appeal, and on the other hand, whether the judgment is disadvantageous to the appellant should be determined as a standard in principle. If the appellant's assertion was accepted and won the appeal,

(2) According to the records, the Plaintiff’s appeal is unlawful as there is no benefit in the appeal, since it is apparent that the Plaintiff filed a final appeal on the ground that it is unreasonable for the judgment to have been rendered, even though the Plaintiff won all the part of the claim seeking revocation of the disposition of business suspension in the lower court, even though the Plaintiff won the entire claim seeking revocation of the disposition of business suspension.

2. The defendant's ground of appeal concerning the defendant's ground of appeal is merely an error in the selection of evidence and fact-finding which belong to the exclusive authority of the court below, which is a fact-finding court,

Furthermore, even if examining the reasoning of the lower judgment in light of the record, it did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

3. The plaintiff's appeal is dismissed, the defendant's appeal is dismissed, and the costs of appeal are assessed against each party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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