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(영문) 서울고등법원 2020.01.14 2019누53428
영업정지처분취소
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 cited by the plaintiff in the trial does not differ significantly from the argument in the court of first instance, and the judgment of the court of first instance rejecting the plaintiff's claim even if the evidence additionally submitted in the trial was newly examined, is recognized as legitimate.

Therefore, the court's explanation on this case is identical to the reasoning of the judgment of the court of first instance except for the dismissal of part of the judgment of the court of first instance as follows. Thus, it is acceptable to accept this as it is in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act

In the second sentence of the judgment of the first instance, the first instance court (hereinafter referred to as “instant disposition”) stated that “Disposition was taken” was “(from December 27, 2018 to January 10, 2019).”

In the first instance judgment, the term "assumpt 2, 15 and 16."

The defendant on May 13, 2019

C. The period of the indicated disposition of suspension of business was changed from May 24, 2019 to June 7, 2019, and the replacement was made on July 25, 2019 to “from August 12, 2019 to August 26, 2019.”

(hereinafter referred to as “instant disposition” is added to the disposition of December 5, 2018, the period of suspension of business (hereinafter referred to as “the period of suspension of business”), which is changed. Section 16 of the first instance judgment is “Ma.”

"....." The main sentence Nos. 1 and 2 under the 3th sentence of the judgment of the court of first instance shall be examined as "(s)", "(s) Nos. 1 through 4, 6, 9(s) (including each number; hereinafter the same shall apply), and Nos. 1, 2, and 5, and the purport of the whole pleadings and arguments." The term "Evidence" in the 11th sentence of the judgment of first instance as "Evidence, Evidence No. 5, 7, Evidence No. 3, and Evidence No. 4" is examined as "Evidence, Evidence No. 5, 5, 3, and 4, and each entry or image of Evidence No. 5 of the judgment of first instance."

2 “8.c.”

We look at “A,” No. 1-1, and No. 2-4, respectively, of Section 7 of Section 6 of the first instance judgment, the “C,” respectively, shall be read as “the foregoing evidence.”

The list of pages 9 of the judgment of the court of first instance is added as follows:

The second violation of the administrative disposition standard based on the violation is the third violation.

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