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(영문) 대법원 2017.07.11 2017다203237

손해배상(자)

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. The lower court dismissed the Plaintiff’s claim for damages due to the reduction of exchange value, based on the circumstances indicated in its reasoning.

In light of the relevant legal principles and records, the above determination by the court below is justifiable.

In so doing, contrary to what is alleged in the grounds of appeal, the court below did not err by misapprehending the legal principles on the occurrence and confirmation.

2. The lower court rejected this part of the claim for damages on the ground that there is no evidence that the Plaintiff actually lent and used an automobile during the repair period of the instant leased vehicle.

In light of the relevant legal principles and records, the above determination by the court below is justifiable.

In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules or by failing

3. The appeal is dismissed. The costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.