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(영문) 광주지방법원 2017.01.18 2016나56188

손해배상(기)

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. On February 2, 2016, the Plaintiff asserted that, as a possessor or occupant of the above dog owned by the Defendant, the Defendant was liable to compensate for the total damages incurred by the Plaintiff [the sum of KRW 27,760,000 (the sum of the value of the dead 52 miles) KRW 17,500,000 [the sum of the value of the dead 10,260,000 (the sum of the value of the dead 52 miles)] of KRW 17,50,000 [the sum of the 10,000 eggs of the female 52 miles (the sum of the 10,000 pieces of the female 52 miles) incurred by the Plaintiff’s 1math around March 2016 (50,000 won per single 50,000 won)];

2. In full view of the overall purport of the pleadings in the video of No. 3-1, 2,4,6,7,8 of the evidence No. 3-2, the video of No. 3-2, 5, and the video of No. 3-5 of the evidence No. 5, it is recognized that the police officer, upon receiving the Plaintiff’s report on Feb. 2, 2016 and dispatched to the steering gear operated by the Plaintiff, there was a scenic dog owned by the Defendant, and that there was a new 52 maris owned by the Plaintiff.

However, in light of the respective descriptions or images of Eul evidence Nos. 1 through 3 and the remaining images of Gap evidence Nos. 3, 3, 5, the above facts alone are insufficient to recognize the fact that the defendant's dog owned by the defendant was dead by asking the plaintiff's dog. Since there is no other evidence, the above assertion is without merit.

3. If so, the plaintiff's claim shall be dismissed on the ground of its ground, and the judgment of the court of first instance shall be revoked and the plaintiff's claim shall be dismissed. It is so decided as per Disposition.