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(영문) 서울고등법원 2017.11.14 2017나2034972
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of this court concerning this part of the basic facts is that of the judgment of the court of first instance, which is the same as the "basic facts" of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of

2. The parties' assertion and judgment

A. The gist of the Plaintiff’s assertion 1) The Plaintiff did not have a duty to install a livestock wastewater treatment facility in the instant two areas and change it into saws. However, the Defendant forced the Plaintiff to do so, and forced the excreta company to stop using the purification work of the instant two areas. At the same time, the Plaintiff issued a summary order three times to the Plaintiff, and eventually caused the Plaintiff to change 1, 2, out of the instant two areas to saws. The Defendant’s intentional or negligent act as seen above, caused damages to the Plaintiff, such as continuing expenses incurred in the installation of saws, and operating losses during the period of 30 years prior to May 1, 2010 to July 26, 2016 】 30 years from the date of the Plaintiff’s filing of the instant lawsuit (=30 years from the date of the Defendant’s filing of the lawsuit, 200, 208, 290, 275 years from the date of 75 months from the date of the Defendant’s filing of the lawsuit 20-5 months from the date of the Defendant’s claim

B. Even if the right to claim damages exists as alleged by the Plaintiff, if the right to claim damages of this case has expired by prescription as alleged by the Defendant, the Plaintiff.

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