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(영문) 대구고등법원 2016.01.15 2015누5710
도산등사실 불인정처분 취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The grounds for the plaintiff's assertion in the trial while filing an appeal for the citing the judgment of the court of first instance are not significantly different from the contents of the plaintiff's assertion in the court of first instance, and the judgment of the court of first instance rejecting the plaintiff's assertion even if all of the evidence submitted in the court of first instance and the statements in Gap's evidence submitted in the court of first instance were examined

Therefore, the court's explanation on this case is identical to the reasoning of the judgment of the court of first instance, except where "the suspicion of violation" in the seventhhhhhh of the judgment of the court of first instance is deemed to be "the suspicion of violation", and therefore, it is also acceptable in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. In conclusion, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit, and it is so decided as per Disposition.

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