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(영문) 서울고등법원 2018.01.12 2017누57105
제외상병처분취소
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. The court's explanation concerning this case is to correct the "around 9" of the first instance judgment as "a letter". The following grounds are as stated in the reasoning of the first instance judgment, except for the addition of the judgment in this court, so it is to accept it as it is in accordance with Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. The Defendant’s additional decision in this court is contradictory to the purport that the result of the Defendant’s request for the examination of the medical records for the head of the Seoul Medical Center on February 22, 2016 and on June 15, 2016, appears to have been chronic diseases. The result of the Defendant’s request for the examination of the medical records for the head of the Seoul Medical Center on April 7, 2017, appears to have occurred due to the instant accident. The first instance court accepted the Plaintiff’s request on the basis of only the result of the request for the examination of the medical records for the head of the Seoul Medical Center favorable to the Plaintiff.

The conclusion of the first instance court is erroneous in the incomplete hearing of the causes and causal relations caused by the Plaintiff to the injury and disease of this case.

Then, I argue that ‘the matter' is.

The above assertion made by the defendant in this court is purporting to accept all the claims asserted by the defendant in the first instance court and to request the dismissal of the plaintiff's claims. Even if all the evidence and the evidence (A16-19) presented in the first instance court were examined, it is reasonable to reject the defendant's claims in the first instance court and to accept the plaintiff's claims.

3. In conclusion, the plaintiff's claim of this case is with merit.

In conclusion, the judgment of the court of first instance, which received the plaintiff's claim, is justifiable, and the defendant's appeal is dismissed as it is without merit, and the costs of appeal are borne by the losing defendant.

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