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(영문) 서울고등법원 2019.04.05 2018누67864
과징금부과처분취소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The defendant's assertion in the trial of the first instance is not significantly different from the contents of the defendant's assertion in the trial of the first instance, and it is justifiable to find facts and determine by the first instance court that the advertisement of this case is not likely to deceive consumers or mislead consumers, even if it is reviewed together with the evidence submitted in the first instance court and the trial of the first instance.

Therefore, this court's reasoning is the same as the reasoning of the judgment of the court of first instance. Thus, this court's reasoning is acceptable in accordance with Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. In conclusion, the plaintiff's claim of this case should be accepted on the grounds of its reasoning. Since the judgment of the court of first instance is justified on the grounds of its conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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