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(영문) 서울고등법원(춘천) 2019.07.10 2017나471
손해배상(기)
Text

1. The judgment of the first instance court, including the Plaintiff’s claim that was modified by this court, is modified as follows.

Reasons

A. Damages amounting to KRW 60,620,00 (i.e., production reduction amounting to KRW 8,660-liter = the above 10,880-liter - production amounting to KRW 2220-literx 7,000 per 2220-literx) as of 12 167,713,00.

(2) The Plaintiff compared the calculation method of damages with respect to 113,929,20 won in the amount of 113,929,200 won in accordance with the calculation method as presented by the court appraiser I, and expressed that there is no special opinion. 2) The Plaintiff = the average amount of damages 】 the amount of reduced production (12 du 10,880 - the actual amount of production every year) ① the amount of 6du 5,40 x the amount of 12 x 10,80 x 20 g of 20 g of 20 g of 20 g of 20 g of 20 g of 20 g of 20 g of 20 g of 20 g of 2012, the average amount of damages per year x 30 g of 20 g of 20 g of 20 g of 20 g of 20 g of 2015 g of g of g of 20 g of g.

(3) Calculation of the “annual average daily volume decrease” by means of multiplying the “annual average volume decrease” (based on 7,000 won per liter and 250 days of annual production based on statistics of 2010 in the Rural Development Administration, however, in the case of 2012, 730,000 days after the commencement of construction. In the case of 2015, the calculation of the amount of damage caused by the decrease in the volume of flow by multiplying the 250 days of the subsequent disability period by the additional recognition of 250 days. The damage rate shall be taken into account.

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