beta
(영문) 대전고등법원 2016.02.03 2014나4024

사정재판에 대한 이의의 소

Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The court's explanation of this case is set forth in Article 4-4 of the grounds for the judgment of the court of first instance.

The part of the claim (as to whether or not damage has occurred to the plaintiff, which is not produced) is identical to the reasons for the decision of the court of first instance, except for the modification as described in the following 2.3. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. We examine whether the modified part of the oil pollution incident to the Plaintiff caused damage not to produce juno and new juno, and whether the location of the fish farm stated in the “detailed statement of application for H damage” submitted by the Plaintiff during the limited claim report process and the location of the fish farm alleged in the first instance and the first instance court were identical, even though the Plaintiff attempted to produce juno and new juno as alleged in the instant oil pollution incident, i.e., to the effect that the Plaintiff did not produce juno and new juno as alleged in the instant oil pollution accident, but did not produce juno and new juno as they did not produce juno,286,83 won due to the depression of the instant oil pollution accident, i.e., the evidence presented by the Plaintiff to the effect that the Plaintiff incurred damage to the Defendant’s new seeds and seedlings at the time of the instant report on the production of seeds and seedlings from the Defendant’s new seeds and seedlings, i.e., the instant report on the production of seeds and seedlings at the time of the instant plant.