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(영문) 서울고등법원 2020.08.26 2019누61795
요양불승인처분취소
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. Acknowledgement of the first instance judgment

A. The grounds alleged by the Plaintiff in the cited portion do not differ from that alleged in the first instance trial, and the fact-finding and judgment of the first instance court are justifiable even if the evidence submitted in the first instance and the trial together with the allegations by the Plaintiff is re-examineed.

The reasons stated in this case are as follows.

Except for amendments to the judgment of the first instance as prescribed in paragraph (1), the same shall apply to the judgment of the first instance.

The relevant portion shall be quoted in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

B. Revised part 1) The respective “witnesss” of the first instance judgment Nos. 4, 11, 8, 21, 9, 16, and 10 are all deemed to be a witness of the first instance trial. 2) If the first instance judgment No. 6, the “this court” of the second instance is deemed to be a “court of the first instance.”

3) Article 11 to 12 of the judgment of the court of first instance provides that “no corresponding is applicable” as stated in the draft “A.”

2. Conclusion, the first instance judgment is justifiable.

The plaintiff's appeal is dismissed for lack of justifiable grounds.

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