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(영문) 대법원 2017.09.12 2016다269506

손해배상(기)

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

In full view of the circumstances indicated in its holding, the lower court rejected the Plaintiff’s claim for damages on the ground that the Defendant did not perform its duty to settle the property tax on the instant land, on the grounds that Article 34(2)1 of the Trust Business Agreement provides for the Defendant to settle the accounts, cannot be deemed as including the property tax on the instant land.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the above determination by the court below is just, and contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles as to the interpretation

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.