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(영문) 서울고등법원 2018.10.24 2018누50491
건강보험료 부과처분 취소 및 손해배상
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance (excluding the part pertaining to the 3. conclusion), and thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. If so, it is obvious that the plaintiff's lawsuit of this case is unlawful and its defects cannot be corrected.

Meanwhile, Article 219 of the Civil Procedure Act, which is applicable mutatis mutandis pursuant to Article 8(2) of the Administrative Litigation Act, provides that “if an incidental lawsuit is a legal action and the defect cannot be corrected, the lawsuit may be dismissed by a judgment without holding any pleadings.” Article 219 of the Civil Procedure Act provides that “(1) is located in Part II (the first instance proceedings), not Part II (the first instance proceedings), and it is evident that the above provision may also apply to an appellate court in its structure; (2) Article 413 of the Civil Procedure Act, which is applicable mutatis mutandis pursuant to Article 8(2) of the Administrative Litigation Act, provides that “if an incidental appeal cannot be corrected due to a defect, the appeal may be dismissed by a judgment without holding any pleadings,” it shall be deemed that Article 219 of the Civil Procedure Act may be applied to a rejection of an appeal against a judgment of rejection of the first instance as in the instant case, taking into account the fact that it appears separately to meet the requirements for appeal

Therefore, without pleading, the appeal of this case is dismissed, and it is so decided as per Disposition.

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