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(영문) 제주지방법원 2019.03.21 2018가합912
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On May 2015, the Plaintiff entered into a contract with the Defendant, who is engaged in the training and management of a dog, on or around August 2016, each of the two different dogs was closed on February 8, 2017, where the Defendant managed the said dog, the female female of the said dog was discarded, and the other female of February 4, 2018 was found to have 11 mariths generated by the female of the said dog.

[Reasons for Recognition] Unsatisfy, Gap 3 and 4 evidence, the purport of the whole pleadings

2. The plaintiff's assertion has violated the contract with the plaintiff and caused the death or death of the plaintiff by abusing or abandoning the plaintiff's dog in violation of the contract with the plaintiff. Accordingly, the plaintiff's compensation for damages must pay 225,50,000 won in total, including 177,50,000 won and 48,000 won in compensation for damages.

3. According to the above-mentioned facts and the evidence mentioned above, it is recognized that the closed dogs were under the Defendant’s management according to the above contract.

However, the evidence submitted by the Plaintiff alone is insufficient to recognize that the Defendant abused or abandons the above dogs, and otherwise, the Defendant violated the matters set forth in the contract with the Plaintiff.

The plaintiff's assertion is without merit, since there is no evidence to prove that there is a causal relationship between the defendant's act or omission and the death of the body.

4. The plaintiff's claim for conclusion is dismissed as it is without merit. It is so decided as per Disposition.

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