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(영문) 대구지방법원 2019.08.21 2019나303184
채무부존재확인
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. The reasoning of the court of first instance’s acceptance of the judgment is as stated in the reasoning of the judgment of the first instance, except for adding the judgment as set forth in paragraph (2) below. Thus, it shall be cited by the main sentence of Article 420 of the

2. The defendant asserts that in addition, in addition to the debt directly shocked, the shock caused by the instant accident was transmitted to the debt connected to the debt below, and the damage therefrom should be considered.

According to the results of the appraisal commission for the first instance court's 6 image of evidence Nos. 5-6, and the first instance court's I architect, the following facts can be acknowledged: (i) an accident vehicle that conflicts with the instant house is in the situation where the steel plate was set up in a straight line; (ii) an appraiser determined that the safety of the instant house was not at issue after the instant accident; (iii) the cracks and heats of the main wall, ice, and the toilet wall are different from the inside wall, and it is difficult to find the relationship with the instant accident in consideration of the separation distance; and (iv) it is hard to find the impact of the deterioration (which is separated from the following bonds, and it is difficult to directly transmit shocks in connection with the previous room that is connected with the instant house).

In light of the above facts of recognition, the evidence submitted by the defendant alone is insufficient to admit the defendant's above argument, and there is no other evidence to acknowledge it, so the above argument by the defendant is without merit.

3. If so, the judgment of the court of first instance is legitimate, and all appeals filed by the defendant against the principal lawsuit and counterclaim of this case are dismissed as it is without merit.

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