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(영문) 인천지방법원 2017.11.22 2017나1806

손해배상

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The ground for appeal by the plaintiff citing the judgment of the court of first instance is not significantly different from the argument in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if each evidence submitted to the court of first instance was presented to this court.

Therefore, the reasoning of the judgment of this court is identical to that of the judgment of the court of first instance, and thus, the reasoning of the judgment of the court of first instance is cited by Article 420

[Plaintiff asserts that the appraisal result on the calculation of the cost of repairing defects of the instant real estate is insufficient and that the depreciation and labor cost were excessively low. However, the appraiser’s appraisal result should be respected unless the appraisal method violates the empirical rule or is unreasonable (see, e.g., Supreme Court Decision 2009Da84608, Jan. 12, 2012). No circumstances may be found to deem that the appraisal result of the first instance court’s appraiser D is contrary to any empirical rule or unreasonable. Accordingly, the Plaintiff’s assertion is justifiable, and thus, the Plaintiff’s appeal is dismissed. It is so decided as per Disposition.