2017Nu71804 Revocation of a disposition to recover project costs, etc.

B

Attorney Lee Jae-soo, Counsel for the plaintiff-appellant

The Minister of Education

Law Firm afterman, Attorney Shin Sang-hoon et al.

Seoul Administrative Court Decision 2016Guhap72471 decided August 24, 2017

November 9, 2017

November 30, 2017

1. The defendant's appeal is dismissed.

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

1. Purport of claim

The Defendant’s disposition of restitution of project costs and disposition of restriction on participation in the project cost of KRW 362,886,043 against the Plaintiff on July 29, 2016 shall be revoked.

2. Purport of appeal

The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.

1. Quotation of the first instance judgment

The reasoning for the court's explanation on this case is the same as that for the judgment of the court of first instance, and therefore, it is accepted in accordance with Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act (the grounds for the defendant's assertion in the court of first instance are identical to the allegations in the court of first instance, and even if all evidence submitted in the court of first instance and the court of first instance are examined, since the disadvantage that the plaintiff may suffer is excessive compared to the public interest to achieve each disposition of this case, each disposition of this case is illegal because it is against the principle of proportionality and it is against the principle of proportionality, and thus, the

2. Conclusion

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

The presiding judge, judge and assistant judge;

Judges Park Jong-young

Judges Lee Jong-hwan