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(영문) 대법원 2018.06.19 2018다9647
손해배상(기)
Text

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff (Counterclaim defendant).

Reasons

The grounds of appeal are examined.

The lower court, citing the judgment of the first instance, determined that medical expenses and daily income claimed by the Plaintiff (Counterclaim Defendant) cannot be deemed as losses in proximate causal relation with the instant assault, on the grounds that there is no evidence to prove that the Plaintiff (Counterclaim Defendant) suffered injury due to the Defendant (Counterclaim Plaintiff)’s assault.

The judgment below

Examining the reasoning in light of the record, the above determination by the court below is just, and contrary to what is alleged in the grounds of appeal, it did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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