beta
(영문) 서울고등법원 2016.01.21 2015나2007433

손해배상

Text

1. Of the judgment of the first instance, the part against Defendant C in the judgment is modified as follows.

Defendant C shall be 3,150.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows: (a) the pertinent part of the judgment of the court of first instance is modified as stated in the following 2; and (b) the reasoning of the judgment of the court of first instance (excluding the part 6. conclusion) is the same as that of the judgment of the court of first instance (excluding the part 6. conclusion) except to supplement or add the judgment as stated in the

2. Revised parts

A. The court may determine the amount of damage in a proximate causal relationship by comprehensively taking into account all relevant indirect facts, including the relationship between the parties revealed according to the results of examination of evidence and the purport of the entire pleadings, the background leading up to the tort and property damage, the nature of the damage, and various circumstances after the damage occurred, where it is difficult to prove the specific amount of the damage, even though the property damage was incurred in a claim for damages due to a modified tort, as follows:

(1) In light of the following purport of the entire pleadings, Defendant C may recognize the fact that each of the machinery listed in the table Nos. 2 and 12 attached to the building of this case on April 22, 2010, as indicated in the table Nos. 2 attached below, and it is difficult to prove the specific amount of damage due to uncertainty of the machinery, etc., in light of the nature of the case, it is difficult to prove the specific amount of damage. Thus, in full view of the relationship between Plaintiff B and Defendant C as revealed in this case, and the relation between Plaintiff C and Defendant C, the reason why property damage was incurred therefrom, the proximate causal relation between the tort, the nature of the damage, the timing of the purchase of the said machinery, the price of the said machinery at the time of the purchase, and all of the indirect facts related to the occurrence of the damage after the purchase, and the period of use after the purchase of the machinery at the time of the purchase.