손해배상
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.
1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations made by the plaintiff in the court of first instance, and the fact-finding and decision of the court of first instance are justifiable, considering the additional data submitted
Therefore, the reasoning of the court's explanation on the instant case is as follows. Thus, this court's reasoning is accepted by the main text of Article 420 of the Civil Procedure Act, since it is identical to the reasoning of the judgment of the first instance except for dismissal or addition as follows
2. In the part of the first instance judgment, “each of the above evidence and evidence Nos. 8-1 to 7, Eul’s evidence No. 9, Eul’s evidence No. 10-1 to 4, each of the above evidence No. 9, Eul’s evidence No. 10-1 to 4, and each of the statements and images No. 9, Eul’s evidence No. 10-1 through No. 10, and the result of the appraisal commission to appraiser H, which were used or added, were cited as “the result of the fact-finding inquiry to appraiser H in the first instance court.”
The 6th 6th m of the first instance judgment "threem" shall be applied to "twom".
제1심판결 제6쪽 하단 7, 8행의 “⑨ 이 사건 방음벽이 개사육장으로부터 10m 정도 충분한 이격거리를 두고 설치된 것으로 보이는 점 등에 비추어 보면“을 삭제하고 거기에 ”⑨ 감정인이 ‘일반적으로 과연 온도가 몇 도 상승하고 풍량이 얼마 줄어들었을 때 개가 몇 마리 사망할 수 있는지에 관한 감정이 가능한지’라는 질의는 ‘수의학적 질문으로 감정인이 감정 판단할 수 있는 사항이 아니다’라고 답변한 점 등에 비추어 보면“을 추가하는 것으로 고쳐 쓴다.
" alone, with the evidence submitted by the plaintiff" at the fifth bottom of the judgment of the first instance, "only the evidence submitted by the plaintiff" shall be construed as "only each description and image of the evidence set forth in the Evidence Nos. 5, 6, 8, 11 through 16 through 20, 23, 24, 26 through 33, 35 through 51 (including each number number)," respectively.
3. Thus, the plaintiff's claim of this case 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 justified.