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(영문) 대전고등법원 2017.07.19 2016나538
사정재판에 대한 이의의 소
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1. All appeals filed by the plaintiff and the defendant and the plaintiff are dismissed.

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

Reasons

1. The grounds for admitting the judgment of the court of first instance are as follows, in addition to adding the judgment of the court below to the following, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. In general, in a claim for damages caused by an illegal act, the claimant bears the burden of proving the causal relationship between the perpetrator’s harmful act, the victim’s injury, the harmful act, and the victim’s damage. However, in a claim for damages due to air pollution or water pollution, requiring the victim to prove scientificly strict proof of the causal relationship may result in refusal of judicial relief due to high seas. However, in technical and economic cases, there are many cases where the victim is much easy to investigate the cause rather than the victim, and the perpetrator is likely to avoid the occurrence of the damage, so that the perpetrator could recognize the causal relationship between the harmful act and the victim’s damage unless the perpetrator proves that the cause of the damage was non-harm. However, even in this case, the perpetrator discharges any harmful material, that the degree of harm exceeds the generally accepted limit in social life, that the victim has reached the damaged article, and that the victim still bears the burden of proving the fact that the damage was caused after the occurrence of the accident (see, e.g., Supreme Court Decision 2016Da1616161, Dec. 1616, 2016.

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