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(영문) 서울중앙지방법원 2019.05.01 2018나59535
구상금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. An ex officio decision on the legitimacy of the judgment of the court of first instance shall state the reasons therefor in a written judgment, and a written judgment shall indicate the parties’ assertion and other judgments on the method of offence and defense to the extent that the main text is recognizable to the extent that the reasons in the written judgment are sustainable;

(Article 208(1)4 and (2) of the Civil Procedure Act. On the other hand, a written judgment of the court of first instance (see Article 2(1) of the Trial of Small Claims Act and Article 1-2 of the Rules on Trial of Small Claims, hereinafter “small Claims”) for the purpose of paying a certain amount of money or other substitutes or securities which does not exceed 30 million won when a lawsuit has been brought among the cases under the jurisdiction of the district court and the branch court of the district court (Article 11-2(3) of the Trial of Small Claims Act) may not state the reasons notwithstanding the provisions of Article 208 of the Civil Procedure Act (Article 11-2(3) of the Trial of Small Claims Act). However, it is clear that the instant lawsuit does not fall under the scope of small claims to which the Trial of Small Claims Act applies, since the value of the subject matter

Nevertheless, by applying Article 11-2(3) of the Trial of Small Claims Act, the court of the first instance erred by failing to enter the grounds therefor in the written judgment, and this constitutes “when the procedure for the judgment of the first instance is in violation of the law” under Article 417 of the Civil Procedure Act. Thus, the court of the first instance shall revoke the judgment and decide the instant case again.

2. Facts of recognition;

A. Party 1) The Plaintiff on September 22, 2009 (hereinafter “B”) is the Plaintiff.

B) In comparison with the above company, the insured company, the warranty risk liability for completion work, the contractor’s liability for damages, and the insurance period from September 25, 2009 to September 24, 2010, the product liability insurance contract was concluded by setting the insurance period from September 25, 2009 to September 25, 2010.

(b)the defendant;

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