logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원(춘천) 2015.04.01 2013나1872
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is KRW 98,66,456.

Reasons

The judgment of the court of first instance that deducts the conclusion of a lease contract and the occurrence of a fire, and the deletion of the defendant's liability for damages from the 8th through 14th of the judgment of the court of first instance, "1. Basic Facts", "2. Party's assertion", and "3. Judgment;

A. It is identical to “the occurrence of liability for damages” portion, thereby citing it in accordance with the main sentence of Article 420 of the Civil Procedure Act.

As to the reduction of seeds within the scope of liability for damages, the Plaintiff asserts that the Plaintiff suffered damages of KRW 47,805,00 as a result, on board the seed reduction of 19,160 g of this case’s storage of the instant fire, which was kept by the instant fire.

In light of the overall purport of the pleadings as to Gap evidence 6-7 to 10 (pot 10), Gap evidence 17-1 through 6 (pot 17), Gap evidence 27 (Deposit Details of Seed Reduction) and Gap evidence 27, Eul's testimony of the first instance court witness C (non 4t) and witness D and E's testimony (which had been sold to the plaintiff) as to the whole, at least 4t of 4t of pot s in the storage of this case, and the fact that the fire of this case was destroyed. However, in light of the fact that the plaintiff recycled considerable amount of pots in storage after the fire of this case and there was no evidence to verify the recycled quantity, the above evidence or evidence No. 4, and evidence No. 18 through No. 21 (including each number) are insufficient to find otherwise as to the plaintiff 16-1, 196.

In addition, if the purpose of the entire argument is added to the rent-to-door Agricultural Cooperative's reply on April 28, 2014 to the fact inquiry of the Korean court, the purchase price of the National Seed Supply Center in 201 for agricultural cooperatives in 2011 where the fire in this case occurred is 930 won per Kg, or it is appropriate for farmers to use the market price as consideration for weather reduction, which is mandatory against their will.

arrow