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(영문) 수원고등법원 2020.12.24 2020나16743

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

[Claim]

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, except for cases of cutting, adding, or deleting the reasoning as follows, and thus, it is consistent with the main sentence of Article 420 of the Civil Procedure Act.

(The court of first instance, even if the evidence duly adopted and examined by the court of first instance, deemed the evidence submitted by the plaintiff to this court, is justified in finding and determining the facts of the first instance court, and there is no error as alleged by the plaintiff as the grounds for appeal). The court of first instance dismissed the " August 30, 2018" of the third part of the judgment of first instance as " August 30, 2016 (Evidence No. 4)."

Part 4 of the first instance judgment from 19 to 5 pages 4 shall be dried as follows.

The Plaintiff’s damages following the provisional disposition (i) KRW 283,09,00, which is equivalent to the value decline of the product not sold due to the provisional disposition of this case (i) KRW 188,730 x value decline x 1,500 x 1,500 ), ② From August 30, 2016 (the date of the execution of the provisional disposition of this case) to September 30, 2019 (the date of the revocation of the provisional disposition of this case), to store the interior of this case from September 30, 2019 (the date of the revocation of provisional disposition of this case), KRW 58,321,065 x [1,576,245 x 27.0 m22 x 3,300,000 m2 x 500 m25,000 m24,000 x 2615 m3614,065.

The plaintiff asserts to the effect that the plaintiff was unable to sell the indoor 188,730 square meters due to the provisional disposition of this case, and thus, the plaintiff added the following as follows in the 7th sentence of the first instance judgment of "I am unable to pass".

"O's personal business chain is presented with the business registration certificate of P.