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(영문) 대법원 2018.10.25 2015두3515
부당이득금납입고지취소
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

The lower court acknowledged the facts as indicated in its reasoning based on the adopted evidence, and determined that the instant disposition, based on the premise that the Plaintiff was jointly and severally liable with E and D for return of unjust enrichment, on the grounds that the Plaintiff prepared a false disability diagnosis report as if the Plaintiff did not examine D and E, and the Plaintiff’s act issuing such a diagnosis, and the causal relationship between the Plaintiff’s disability grade determination and the Defendant’s disability grade payment and disability benefit payment is recognized

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on whether Article 84(1)1 and (2) of the Industrial Accident Compensation Insurance Act is unconstitutional.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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