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(영문) 대법원 2014.10.15 2014도4683
건설산업기본법위반
Text

All appeals are dismissed.

Reasons

1. As to Defendant C’s appeal, the Defendant did not submit the appellate brief within the statutory period, and the Defendant did not state the grounds for objection in the petition of appeal.

2. As to the grounds of appeal by Defendant A and Defendant B (the supplemental appellate brief was not timely filed to the extent of supplement in case of supplemental appellate briefs not timely filed) on the ground of appeal, the part rejected by the court of final appeal on the grounds that the allegations in the grounds of appeal were groundless at the same time as the rendering of the judgment became final and conclusive at the same time, and the defendant cannot be asserted any further, and the court remanded cannot make a decision contrary thereto. Thus, the defendant cannot make a claim on this part as to this part as the grounds of final appeal, and it cannot be a legitimate ground of final appeal to delay a new argument that did

(2) The Defendants’ assertion in the grounds of appeal is not a legitimate ground of appeal on the following grounds: (a) the Defendants’ assertion in the judgment of remanding the Supreme Court on February 9, 2006 and the Supreme Court Decision 2006Do4375 Decided April 24, 2008: (b) the allegation in the grounds of appeal by the Defendants was rejected on the ground that the assertion was groundless in the previous judgment of remanding the Supreme Court; or (c) the part that had already become final and conclusive should be delayed.

Furthermore, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the prohibition of name lending.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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