완전물급부 등
The judgment below
The loss of profit during the repair period or the decline in the exchange value due to the expiration of the repair period.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. Regarding ground of appeal No. 1
A. In light of the purport of the entire pleadings and the result of the examination of evidence, the court shall determine whether the assertion of facts is true in accordance with logical and empirical rules on the basis of the ideology of social justice and equity (Article 202 of the Civil Procedure Act). The court below’s judgment did not go beyond the bounds of the principle of free evaluation of evidence, and the facts duly determined by the
(Article 432 of the same Act). An appraisal is a means to assist a court in a case where special knowledge and experience are required in determining certain matters, and it is nothing more than to use such knowledge and experience as a means to assist the judgment. Thus, a judge found the facts only by a part of the appraisal.
Even if it does not violate the rules of experience or logic, it cannot be said that it did not violate such rules.
B. (See, e.g., Supreme Court Decision 92Nu11763, Feb. 12, 1993).
For the reasons indicated in its holding, the lower court rejected the Plaintiff’s claim for damages premised on the existence of the foregoing defects, on the ground that it is insufficient to recognize that the evidence alone, including the result of partial appraisal of the first instance appraiser, was insufficient to recognize that the Plaintiff had a defect in each of the instant vehicle’s driver’s and accompanying seats, or due to the excessive voltage of the power generator on the instant vehicle.
This part of the grounds of appeal is merely an error in the selection of evidence and the determination of the value of evidence belonging to the free trial of the fact-finding court as the purport of substantially disputing the fact-finding of the lower court.
In addition, even when examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court’s aforementioned determination is based on the evidence as alleged in the grounds of appeal.