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(영문) 광주지방법원 2020.12.23 2020나53742
손해배상(기)
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal are borne by the Defendant (Counterclaim Plaintiff).

Reasons

1. The court's explanation concerning this case is identical to the reasoning of the judgment of the court of first instance, and thus cites this case as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Although the defendant alleged that the appraisal by the first instance appraiser was biased and unfair in the appellate court, the appraiser's appraisal result should be respected unless the appraisal method is contrary to the empirical rule or unreasonable (see, e.g., Supreme Court Decision 2010Da93790, Nov. 29, 2012). The appraiser of the first instance court conducted an on-site investigation while the original defendant was present, examined the materials such as the architectural design, and submitted the appraisal result. Since the circumstances or evidence presented by the defendant alone are insufficient to acknowledge that there was a significant error in the appraisal result, and there is no other evidence to acknowledge it, the above argument by the defendant is without merit).

2. In conclusion, the judgment of the court of first instance is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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