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(영문) 대법원 2018.06.19 2016다17934

구상금

Text

Of the part of the lower judgment’s damages for delay, USD 1,444,854,821 and USD 455,56.369 in U.S. dollars. < Amended by Presidential Decree No. 23924, Jul. 2012>

Reasons

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

1. Judgment on the Defendant’s grounds of appeal

A. As to the grounds of appeal Nos. 1, 3, 4, and 5, the lower court: (i) the National Institute of Scientific Investigation designated the instant light, etc. as the first point of combustion; (ii) the Korean Fire Investigation Institute presented its opinion that there is no inconsistency in the process of determining the cause of the outbreak of the instant fire; and (iii) the shape of the anti-explosion may be verified relatively considerably considerably in comparison with the anti-explosion of the instant light lamps, etc.’s anti-explosion; and (iv) even if it was difficult to be formed by external flame infection in the instant light system; and even if it was affected by external flame, it appears that some alterations were made after the electrical melting of the instant light, etc.; and (v) the instant light, etc. was made of a waterproof structure, but the structure itself was prevented from being discharged from the outside; and (vi) the formation of the instant fire or exploitation engine, etc., excluding the form of the instant light parts, etc., by means of fire or explotion.