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(영문) 인천지방법원 2018.08.02 2017나63286

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: (a) amendment to the reasoning of the judgment of the court of first instance as stated in Paragraph (2) above; (b) addition to “the addition of a trial room” as stated in Paragraph (3) below; and (c) deletion of pages 4 through 5, 15, and 2 from the judgment of the court of first instance as stated in the main sentence of Article 420 of the Civil Procedure Act; and (c) thereby, the same applies to the reasons for the judgment of the court of first instance except for deletion

2. The evidence submitted by the Plaintiff alone in Section 12 of the judgment of the first instance court on the part of the first instance court which raised the trial room is as follows.

- Then, “The statements and images of evidence A 8-2, 3, 5, and 6, the evidence A-4, 9-9-1, 3, and 10 of the evidence A-8, the witness of the first instance trial, the witness of the K, M, the testimony of the first instance court, and the result of the party principal examination of the plaintiff of the first instance.”

3. Subsequent to the following: (a) the portion added by the trial of the first instance court Nos. 11 and 12 of the Decision No. 4 of the first instance court’s decision: (b) “The Plaintiff shall file the instant lawsuit on March 15, 2016 after the three years have elapsed since the Plaintiff filed the instant lawsuit.”

- Next, “The Plaintiff filed a complaint against the Defendant for the excavation of a grave on the ground that the Defendant had damaged the six graves of the said grave, but was sentenced by the Incheon District Prosecutors’ Office on July 13, 2016 to the effect that the Defendant was suspected of being guilty of lack of evidence (No. 7 evidence).”

4. In conclusion, the plaintiff's claim should be dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.