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(영문) 서울중앙지방법원 2017.01.25 2016나15036

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

In light of the empirical and logical rules, only in a case where there is a clear and apparent defect in which it is impossible to affirm the rationality of the pertinent judgment, the judgment of the relevant prosecutor on the prosecution can be deemed unlawful. Thus, to accept the Plaintiff’s assertion, the above defect should be recognized. However, even if the Plaintiff collected all the evidence or materials submitted by the first instance and the trial court and the result of the on-site inspection, it cannot be said that there is a defect in the prosecutor’s series of judgments and decisions that the Plaintiff considered as the issue, and that there

Therefore, the reasoning for the court’s explanation on the instant case is insufficient to acknowledge the existence of the above defects, and it is consistent with the reasoning of the judgment of the first instance except for the following: (a) all documentary evidence and the result of on-site inspection submitted by the plaintiff at the trial; and (b) thus, it is acceptable to accept it by the main text of Article 420

Therefore, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance, which falls under the scope of the judgment of this court, is just and there is no ground to dismiss the plaintiff's appeal. It is so decided as per Disposition.