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(영문) 서울고등법원 2016.01.21 2015나2046391

손해배상(기)

Text

1. The plaintiffs' appeal, incidental appeal and defendant C's appeal are all dismissed.

2. The plaintiffs and the defendant C.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, except for the following: 11th to 19th to 11th to 12th to 10th, 12th to 7th to 10th, and 13th to 14th to 15th of the judgment of the court of first instance; therefore, it is identical to the reasoning of the judgment of the court of first instance. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The expenses incurred in relation to the delivery of ginseng in the ginseng field of this case was already disbursed from Nos. 11 to No. 19 of the 11 of the 19 of the 11 of the 19 of the 1977. (Therefore, the defendants' assertion that the damages suffered by the plaintiffs should be calculated by deducting transportation expenses, storage expenses, etc. from the ginseng sale price which is the basis for calculating damages.)

The plaintiffs' damages pursuant to the defendant C's non-performance of the obligation of delivery are equivalent to the sales proceeds that the plaintiffs could have accrued when they sold 5,901 ginseng which were not actually harvested among the 12,500 ginseng guaranteed by the defendant C. However, the 1st ginseng market price is difficult to compute the amount specifically and definitely due to the increase in the size of ginseng at the time of sale or sale. Accordingly, in full view of each of the above evidence and the 6, 22 through 26 (including serial numbers), the 4,381 among the ginseng which were mined in the first 16, 634,00, 4, 702.5 12, 12, 402, 4, 700, 301, 305, 97, 197, 405, 197, 505, 197, 205, 197, 205, 2005, 15, 145, 107, 105.