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(영문) 서울고등법원 2019.05.02 2018나2015091
채무부존재확인
Text

1. The judgment of the court of first instance is modified as follows.

Attached Form

Plaintiff (Counterclaim Defendant) related to the accident described in the list.

Reasons

1. The reasoning for this part of this Court is as follows: (a) the reasoning of the judgment of the first instance is as stated in Article 1 and Article 420 of the Civil Procedure Act, except in the case where “Atop” is deemed “Atop” with “Atop,” and thus, the reasoning for this part is as follows.

2. Scope of liability for damages

A. In full view of the purport of the argument in the first instance appraiser G and Nos. 3, 6, 7-1 through 11 of the costs of reproduction of the instant machinery and equipment and the purport of the entire pleadings, the aforementioned machinery and equipment cannot be re-produced by re-production of any part of the H system that was originally designed and developed by the Defendant as a part of the technology development project with government subsidies, such as re-production of the parts that were damaged by the instant machinery and equipment, and reuse of the parts that were not damaged by the repair solely due to the failure to restore the said machinery and equipment to its original state. The above machinery and equipment are the core device of the H system, which was originally designed and developed by the Defendant as part of the technology development project. The Defendant applied for an appraisal of the costs necessary for re-production of the above machinery and equipment at the first instance trial, and the Defendant submitted data such as tax invoices related to the purchase of parts to the appraiser and expressed his opinion about the period of 26 and 5 months for re-production.

Based on the above data and opinions, appraiser G in the first instance court calculated the cost of the parts necessary for re-production as KRW 305,253,459 on the ground that the first production was possible, even though the total cost of the parts was KRW 380,768,718, as the cost of the parts, but in the case of some parts of each item, it was possible to reuse. In relation to personnel expenses of the Republic of Korea, it was calculated on the basis of the period between 26 and 5 months of the defendant.

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