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(영문) 대법원 2014.06.12 2012다33440

손해배상(기) 등

Text

1. The part of the judgment of the court below concerning the plaintiff's claim for damages against the defendant B and C is reversed, and this part is reversed.

Reasons

1. The court of final appeal may investigate and determine the Plaintiff’s appeal against Defendant Republic of Korea only within the extent of filing an appeal based on the grounds of final appeal. The grounds of final appeal specify the grounds of final appeal and state specific and explicit reasons as to which part of the judgment below is in violation of the statutes, and if the grounds of final appeal submitted by the appellant do not state such specific and explicit reasons, it is inevitable to treat the grounds of final appeal as not submitting the grounds of final appeal (see, e.g., Supreme Court Decision 2000Da29356, 29363, Mar. 23, 2001). The grounds of final appeal submitted by the Plaintiff are not stated as the grounds of final appeal against Defendant Republic of Korea, and thus, are not submitted.

Furthermore, the petition of appeal does not contain any grounds of appeal.

2. The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

According to the reasoning of the lower judgment as to the Plaintiff’s ground of appeal on the strengthening group, the lower court neglected Defendant B and C’s tort.

The plaintiff rejected the plaintiff's claim for damages against the defendant strengthening group on the ground that there is insufficient evidence to prove that the plaintiff neglected supervision or supervision.

The judgment below

In light of the records, the above determination by the court below is just and acceptable. In so doing, it did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on local government’s

B. As to the grounds of appeal by Defendant B and C, as to the grounds of appeal on the claim for restitution of unjust enrichment, Defendant B and C were to expand their existing non-explosion to the present status of the instant case.