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(영문) 서울고등법원 2016.03.03 2015나2035025

채무부존재확인

Text

1. The judgment of the court of first instance is modified as follows.

On February 1, 2013, at around 04:55, the Hongdong in Seodaemun-gu Seoul Metropolitan Government.

Reasons

1. The court's explanation of this case is identical to the reasoning of the judgment of the court of first instance, except for a partial dismissal and conclusion as follows. Thus, the court's explanation of this case is acceptable as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The third-party 7 to 11 of the judgment of the court of first instance are as follows.

“2) Comprehensively taking account of the purport of each statement in Eul evidence Nos. 2, 9, 10, 11, 12 (including branch numbers), the defendant could not use the ground transformers destroyed by the instant accident and replaced it with new items. The value at the time of the instant accident calculated by depreciating 12,80,000 won, which is the acquisition price of the ground transformers replaced by the defendant, by straight line method, is 12,164,02. The defendant sold the waste transformers destroyed by the instant accident at KRW 907,60,60. According to the above facts, according to the above facts, it shall be deemed that the repair of the ground transformers destroyed by the instant accident constitutes a case where it is impossible to repair them, and in such a case, the amount of damages shall be calculated based on the exchange value (market value), KRW 850,970, KRW 160, KRW 1660, KRW 1660, KRW 270, KRW 167,2964, etc.).