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(영문) 수원지방법원평택지원 2015.09.04 2013가단14847
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 8,039,00 to the Plaintiff (Counterclaim Defendant) for KRW 8,039,00 and its amount from July 15, 2015 to September 4, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On May 1, 2013, the Plaintiff: (a) resided in a single-story house on the pertinent land from D, the owner of the 548 square meters in Ansan-si, Ansan-si, which is the owner of the said land; (b) and (c) raising 10 Mari-ri dogs, such as Mali, which is entrusted by himself/herself or a third party.

B. The defendant is a person who cultivates poling trees, etc. from the above C and F to the friendship of E, who is the spouse of the above D.

C. At around 18:00 on July 6, 2013, the Defendant spreaded the so-called “Lone Star” title to the parts connected to the Trackter on the ground that the dogs raised by the Plaintiff were sleeped, among the slicking agents around the Poc trees cultivated by the Defendant.

As a result, the above dogs suffered from the injury of Gutotoma, snow, etc., and 4 to the end of their death.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 14, Eul's 1, 2, 7 (including branch numbers), and the purport of the whole pleadings

2. Judgment on the plaintiff's main claim

A. The Defendant’s liability for damages asserts that there is no causal link between the Gu soil, sand, and waste yarn as shown on the Plaintiff’s dogs and the Plaintiff’s dogs. However, according to the evidence Nos. 5 (Agricultural Chemicals Scattering Video Products) and 6 Nos. 1 (The Inquiry Inquiries of Madon Hospital G Professors at Macheon National University), the Defendant concentrated on and spread the first agents that have been destroyed with strong pressure on the face of the dogs. In this situation, it is sufficient to recognize the fact that the Mad on the ground that the Madon’s dogs inhales considerable quantity of the first agents to cause waste damage, etc., and that the death can also be caused by the death.

Therefore, the defendant is obliged to compensate the plaintiff for the damage of the franchisor caused by the spread of the franchisium.

B. The Plaintiff, including medical expenses, sought payment of KRW 12,078,00,00 for the medical expenses from the Defendant’s first spraying. However, the Plaintiff’s evidence No. 10 (the medical expenses) submitted by the Plaintiff as evidence.

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