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(영문) 대구지방법원 2016.05.12 2015나13766
손해배상
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid additionally shall be revoked.

Reasons

1. Determination on the cause of the claim

A. The Plaintiff asserted that the Plaintiff requested the C laundry of male clothes to the C laundry operated by the Defendant, which lost the Plaintiff’s two clothes owned by the Defendant’s negligence.

Therefore, the plaintiff claims for the total amount of KRW 2,00,000 and KRW 2,00,000 and KRW 1,000 as compensation for damages, and damages for delay.

(b) Determination 1) Evidence Nos. 2 through 4 (including paper numbers; hereinafter the same shall apply) of the property damage part A.

) The result of the market value appraisal commission (the Defendant was not proven to be an expert witness E) with respect to each description and image of Eul evidence No. 4, and the D Office of this Court (the appraiser E). Thus, the Defendant did not prove that it constitutes one set of the appraisal articles lost, and there is no evidence to prove that the result of the appraisal commission was not reliable.

In full view of the purport of the entire pleadings, the following facts can be acknowledged: ① on May 23, 2014, the Plaintiff requested the Plaintiff to laundry at C laund operated by the Defendant, ② on June 18, 2014, the Plaintiff received only the above two parts from the Defendant; ③ on the part of the laundry operated by the Defendant, the Plaintiff lost the Plaintiff’s two parts of the uniforms owned by the Defendant; ④ on the part of the laundry at the laundry operated by the Defendant, approximately 65:35; ⑤ on the part of the laundry at the laundry, the value of the used parts on the laundry owned by the Plaintiff was KRW 768,300; ⑤ on the part of the lost laundry owned by the Plaintiff, the value of the used goods on the laundry at the time of the loss of laundry, namely, the market value at the time of the loss of laundry (see, e.g., Supreme Court Decision 2005Da3636585).).

However, in general, a property right is violated due to a tort of another person.

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