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(영문) 대전고등법원 2017.12.07 2017누12948
주류출고 감량처분 취소
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 first instance court.

Reasons

1. The reasons for the court's explanation of this case are as follows: "The plaintiff may limit or terminate the supply of alcoholic beverages in this case, because the plaintiff's notification of alcoholic beverage withdrawal and reduction is known to the manufacturer or importer, the above company may cause difficulty or impossibility in collecting the price from the plaintiff, and even if the supply is continued, it shall be deemed that there is a direct relation with the plaintiff's rights and obligations." However, even if the plaintiff's assertion takes place, it can be deemed as a result of the actual anti-government act, as one of the various countermeasures that can be taken by the manufacturer or importer who becomes aware of the fact of the delivery of alcoholic beverages in this case and the notification of reduction, and it is difficult to see that the notification does not directly affect the plaintiff's rights and obligations by itself, as stated in the reasons for the judgment of the court of first instance, Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act."

2. The decision of the court of first instance is just in its conclusion, and the plaintiff's appeal is dismissed as it is without merit.

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