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(영문) 대법원 1962. 12. 27. 선고 62다702 판결
[비료반환][집10(4)민,342]
Main Issues

The case where the court erred in the incomplete hearing by misunderstanding the parties' claims due to the non-exercise of the right to make a statement.

Summary of Judgment

There is an error of incomplete hearing that the defendant is not liable for damages due to the default of obligation on the ground of the contract on the suitability of fertilizer storage, not only the claim for the return of the remaining amount of the stored fertilizer and the claim for it, but also the claim for damages due to the default on the obligation on the ground of the contract on the suitability of fertilizer storage.

Plaintiff-Appellant

Korea

Defendant-Appellee

Mine Group which is the main water system of the mining group;

Judgment of the lower court

Gwangju District Court Decision 62Na173 delivered on August 29, 1962

Text

We reverse the original judgment

The case is remanded to the Gwangju High Court.

Reasons

The grounds of appeal by the plaintiff's agent stated in the annexed appellate brief are examined.

In accordance with the records, the plaintiff's agent's oral argument on April 26, 1961 and the oral argument on November 8, 1961 of the court below examined the whole purport of the plaintiff's agent's oral argument and submitted Gap evidence Nos. 1-1-2-2 with evidence of the facts of his argument, and the plaintiff's plaintiff only made a so-called claim for the return of the remaining amount of the stored fertilizer which is a specific object and the compulsory execution therefor at the time of the non-party's non-party's failure to pay for the non-party's non-party's losses due to the contract between the plaintiff and the non-party's non-party's failure to pay for the non-party's losses. Thus, the court below erred in the misapprehension of the legal principle as to the non-party's failure to pay for the non-party's official opinion without clear statement of the plaintiff's assertion on this issue.

It is so decided as per Disposition by the assent of all participating judges pursuant to Article 406 (1) of the Civil Procedure Act by omitting an explanation of the debate on other grounds of appeal.

The judge of the Supreme Court (Presiding Judge) Dog-Jak and Mag-Jak, the maximum leapbal leapbal leaps

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