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(영문) 대법원 2015.07.23 2014다230580
손해배상
Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. On the grounds of appeal on the applicable law, the lower court determined that the instant lodging contract does not fall under Article 27(1)1 of the Private International Act, and thus, cannot be deemed as a consumer contract to which Article 27 of the Private International Act applies.

Examining the record, the above determination by the court below is justifiable.

In conclusion, there is no error of law by misunderstanding the legal principles as to the governing law of consumer contracts.

2. As to the grounds of appeal on the occurrence of liability for damages, this part of the grounds of appeal is the purport of disputing the determination of evidence and fact-finding by the court below.

Inasmuch as the recognition of facts and the selection and evaluation of evidence, which are the premise thereof, belong to the discretionary power of the fact-finding court, unless they exceed the bounds of the principle of free evaluation of evidence, this part of the defendant's assertion

Examining the record, the lower court’s judgment is not recognized to have exceeded the bounds of the principle of free evaluation of evidence against logical and empirical rules.

3. According to the reasoning of the lower judgment and the record on the grounds of appeal on omission of judgment, the lower court did not explicitly determine the Plaintiffs’ assertion that “the instant accident occurred due to the Defendant’s negligence in the management of the Defendant, which installed the main electronic of this case, which could easily fall from the main body due to the aging of the combined state, in the hotel room.”

However, the judgment of the court below that it was difficult to recognize that there was a defect in the main text of the instant case, which was kept in the hotel room of this case prior to customer accommodation, after cleaning the guest room of this case and checking the normal operation of the equipment, etc., and otherwise, it is difficult to recognize that there was a defect in the main text of the instant case.

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