(심리불속행) 손해배상 예정액은 원고에게 실제 발생한 손해액 정도로 감액함이 타당함.[국승]
Daejeon High Court-2014-Na14533 ( October 21, 2015)
(A) The estimated amount of damages shall be reduced to the extent that the actual damages incurred to the Plaintiff is reasonable.
(C) It is reasonable to reduce the damages incurred to the Plaintiff to the extent that the damages actually incurred.
Article 398 of the Civil Act: Estimated Damages
Supreme Court Decision 2015Da246605 Decided the existence of an obligation
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Korea
Daejeon District Court Decision 2014Na14533 Decided October 21, 2014
February 3, 2016
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the assertion on the grounds of appeal by the appellant constitutes Article 4 of the Act on Special Cases Concerning the Procedure for Appeal and therefore, the appeal is dismissed under Article 5 of the above Act. It is so decided as per Disposition by