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(영문) 서울고등법원 2007. 11. 16. 선고 2007누3505 판결
[공법상부당이득금반환청구][미간행]
Plaintiff, Appellant

Plaintiff (Attorney Kim Tae-ok, Counsel for the plaintiff-appellant)

Defendant, appellant and appellant

[Judgment of the court below]

Conclusion of Pleadings

October 12, 2007

The first instance judgment

Seoul Administrative Court Decision 2006Guhap12883 decided Dec. 12, 2006

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1. Purport of claim

The defendant shall pay to the plaintiff 27,284,150 won with 5% interest per annum from June 30, 2003 to the date of the first instance judgment, and 20% interest per annum from the next day to the date of full payment.

2. Purport of appeal

The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revocation shall be dismissed.

Reasons

The reasoning for the court's explanation concerning this case is as stated in the column of the first instance court's reasoning, except for the case's "No. 17636" and "No. 1926" in the third part of the third part of the judgment of the first instance, "No. 30, 194" and "No. 17636" in the 7th, 18, 19, and 20 of the 7th part, "No. 17636" and the first part of the 9th part "No. 17363," respectively. Thus, they shall be cited as it is in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

Therefore, the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit, and it is so decided as per Disposition.

Judges Kim Jong-sik (Presiding Judge)

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