logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2016.11.09 2015두1724
보상금증액
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

In light of the purport of the whole pleadings and the result of the examination of evidence, the court shall render a judgment of the fact-finding with free conviction in accordance with logical and empirical rules on the basis of the principle of free evaluation of evidence, so long as it does not exceed the bounds of the principle of free evaluation of evidence, the value judgment and fact-finding belong to the discretion of the fact-finding court, and the

(2) Article 8(2) of the Administrative Litigation Act, Articles 202 and 432 of the Civil Procedure Act citing the reasoning of the judgment of the court of first instance, or on the grounds stated in its reasoning, it is difficult to readily conclude that the transfer of the instant model to neighboring Si/Gun areas, etc. is practically impossible or considerably difficult. Rather, in light of the circumstances in its holding, the instant model is rejected the Plaintiff’s assertion that the instant model should be compensated for business closure on the ground that there is sufficient room to transfer the instant model to another place. (2) Moreover, the Plaintiff’s assertion that the amount of compensation for suspension of business and compensation for the Plaintiff is inappropriate to calculate the amount of compensation for suspension of business of the instant model based on the research service report

The ground of appeal disputing the fact-finding among the judgment of the court below is merely an error in the selection of evidence and the judgment on the value of evidence belonging to the free trial of the court of fact-finding.

In addition, the reasoning of the judgment below is examined in light of the above legal principles, the relevant legal principles in the judgment of the court of first instance, and the evidence duly admitted, and the judgment of the court below is related to the discontinuation or suspension of business under special Acts and subordinate statutes regarding the transfer of

arrow