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(영문) 광주고등법원(전주) 2017.06.08 2016나10549

손해배상(기)

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows: (a) the part of the judgment of the court of first instance is modified as stated in the reasoning of the judgment; and (b) the Defendant added or emphasized the following “3. Additional Judgment” as to the assertion added or emphasized by the court of first instance as stated in the main sentence of Article 420 of the Civil Procedure Act, and thus, the same shall be

2. Parts to be corrected;

(a) Facts of recognition in the column of reasons for the judgment of the court of first instance;

“At the end of August 29, 2012 to September 14, 2012,” the term “from August 29, 2012 to September 26, 2012” is amended to read “from August 29, 2012 to four times.”

(b) Facts of recognition in the column for reasons of the judgment of the first instance;

F. Paragraph 1 2 of Article 1, Paragraph 2, “D” part, “D,” which operates D, is below H (D).

Section 2.2. The amendment shall be made to “B”.

(c) Facts of recognition in the column for reasons of the judgment of the first instance;

(f)Paragraph 1 and 2 of paragraphs 3 are amended to “where it is necessary to adjust the contract amount between D and M farm, to reflect the confirmed quantity in the contract amount and to pay value added tax on D”.

3. Additional determination

(a) Claim 1 on the duty to dispose of livestock excreta) Claim that the plaintiff made an implied agreement on the disposal of livestock excreta at the time of reconciliation in the instant case [Article 14(3) of the first instance judgment]

A. Article 462 of the Civil Act provides that “When the delivery of a specific object is the object of a claim, the obligor shall deliver the specific object according to the due date.” However, if the due date is changed between the due date and the due date, the obligor shall deliver the object according to the due date.” However, the obligor’s failure to perform his/her duty of care as a good manager, thereby causing defects in the object of delivery.