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(영문) 춘천지방법원 2020.05.28 2019나52239

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

The first instance court.

Reasons

1. The reasoning of the court of the first instance’s explanation concerning this case is as follows, and thus, this case is cited by the main sentence of Article 420 of the Civil Procedure Act, except for the addition as follows.

2. The Plaintiff asserts to the effect that the result of the appraisal commission for the first instance appraiser E is unreasonable and contrary to the empirical rule. However, the appraisal result that an appraiser who took an oath according to the court procedure or was commissioned by the court based on expert knowledge and experience is respected insofar as the appraisal method, etc. violates the empirical rule or submitted based on professional knowledge and experience, etc., and so there is no substantial fault due to the lack of rationality (see, e.g., Supreme Court Decision 2007Da74560, Nov. 25, 2010). The grounds alleged by the Plaintiff are insufficient to recognize that the appraisal method or the appraisal criteria, etc. are significantly erroneous

The plaintiff's above assertion is without merit.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.