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(영문) 서울고등법원 2018.6.22. 선고 2018누30213 판결
변상판정 취소
Cases

2018Nu30213 Revocation of a compensation ruling

Plaintiff Appellant

A

Defendant Elives

Board of Audit

The first instance judgment

Seoul Administrative Court Decision 2017Guhap2189 decided December 8, 2017

Conclusion of Pleadings

May 18, 2018

Imposition of Judgment

June 22, 2018

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 judgment of the first instance is revoked. The part of the decision made on December 28, 2016, which was revoked by the Defendant in relation to the case of re-deliberation on the 2015-Re-Review-23 and 29 compensation award (unfair treatment of securing advance payment claims).

Reasons

1. Quotation of the first instance judgment

The content of the Plaintiff’s assertion in this court is not significantly different from that of the Plaintiff’s assertion in the first instance trial, and the first instance judgment rejecting the Plaintiff’s assertion even if the Plaintiff’s assertion was re-examineed on the basis of the evidence

Therefore, this court's reasoning is the same as the reasoning of the judgment of the court of first instance. Thus, this court's reasoning is acceptable in accordance with Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. Conclusion

Therefore, the plaintiff's claim of this case shall be dismissed as it is without merit. Since the judgment of the court of first instance is just, the plaintiff's appeal is dismissed as it is without merit, and it is so decided as per Disposition.

Judges

The presiding judge of the Korean Supreme Court;

Judges Kim Sang-woo

Judges Dok-Jon Line

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