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(영문) 대법원 2015.07.23 2015다9509

손해배상(기)

Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Attached Form 1 List of Plaintiffs attached to the lower judgment.

Reasons

The grounds of appeal are examined.

1. If there are several different appraisal results with respect to the same matter of the plaintiffs' grounds of appeal, it is legitimate unless it violates the rules of experience or logic.

(1) In light of the records, the court below’s decision is justified in rejecting the appraisal result of the first instance court’s appraiser and adopting the appraisal result of the appraiser of the court below on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the court below did not err by violating logical and empirical rules or failing to exhaust all necessary deliberations in relation to the adoption of appraisal result.

2. Examining the grounds of appeal by Plaintiff DK in light of the record, the lower court did not err by misapprehending the facts or failing to exhaust all necessary deliberations in violation of logical and empirical rules, in determining that the lower court’s appraisal result was recognized as the property damage amount against Plaintiff DK by adopting the appraisal result by the appraiser of the lower court.

3. Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. Since it is evident that there is an error in the attached Form attached to the judgment below, it shall be corrected. It is so decided as per Disposition by the assent of all participating Justices.