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(영문) 창원지방법원 2014.12.24 2014나5689

손해배상(기)

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. The relevant part of the judgment of the court of first instance is the same.

(main sentence of Article 420 of the Civil Procedure Act). 2. Determination on the cause of the claim

A. The plaintiff's assertion that the defendant neglected his duty to raise and manage E by supplying water to E who is unable to take water in good condition, such as supplying water to E who is automatically supplied with water.

As such, the Defendant is liable to compensate the Plaintiff for damages caused by the nonperformance of the obligation under the contract of this case by the Defendant, which resulted in the death of E in a sudden mountain.

B. In light of the following circumstances that can be recognized by comprehensively taking account of the respective descriptions of Gap evidence Nos. 2 and 3 as well as the overall purport of oral arguments, it is insufficient to recognize that the defendant's breeding and management erred by the defendant's raising and management such as not supplying water properly. Therefore, the plaintiff's assertion is without merit. The ground for the occurrence of the horse's acute acid is very diverse, such as a genetic factor, a eating and eating habits, and a residential form that is placed in the drinking section, because it is difficult to fire-fighting, such as a specific grain.

B) The medical examination and treatment statement for E prepared by a veterinarian G is only stated that it was caused by an acute acid by the color of the upper half of the upper half of the body of the warden and the upper half of the body of the body of the hospital, and there is no content on the cause of the closure. C) The above medical examination and treatment statement state that E was a severe slope on October 8, 2012. However, in light of the fact that E shows symptoms of acute acid from October 7, 2012, it is difficult to conclude that E was caused by an acute acid because it was unable to take water, as alleged by the Plaintiff.

2. In relation to the burden of proof in the trial, the plaintiff must prove that there is no reason attributable to the debtor for the non-performance of obligation in the claim for damages due to the non-performance of obligation. The defendant is unable to prove that he has fulfilled his duty of care as a good manager in raising and managing E.