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(영문) 인천지방법원 2019.05.30 2018나62815
손해배상(기)
Text

1. The plaintiff's appeal and the defendant's incidental appeal are all dismissed.

2. The costs of appeal and the incidental costs of appeal shall be individually considered.

Reasons

1. The reasoning of this court concerning this case is as stated in the judgment of the court of first instance, except for the modification of the following matters among the judgment of the court of first instance. Thus, this court shall accept this case in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Matters modified;

A. On the 3rd judgment of the first instance court, the plaintiff's product was destroyed by a fire equivalent to KRW 15,855,760 due to the fire of this case, and the defendant is obligated to compensate the plaintiff for the above KRW 15,85,760 due to the fire of this case, and the plaintiff's product was destroyed by a fire equivalent to KRW 12,167,150 due to the fire of this case, and the defendant is obligated to compensate the plaintiff for the above amount (the plaintiff asserted that it was KRW 15,85,760 from the first instance court to the above claim, but the court changed the cause of the claim, but did not change the purport of the claim).

B. The third 12-13 of the judgment of the court of first instance was replaced by “E paid KRW 23,490,000 (i.e., cash payment of KRW 15,000,000)” to “E paid KRW 15,000,000 in cash, and disbursed KRW 8,490,000 with electrical construction, etc. for the recovery of damage to E.”

(c) No. 20 of the judgment of the first instance court No. 3 is replaced by “No. 10, 15-17” and “15,85,760 won” of the same act by “No. 12,167,150 won.”

Part 4 is replaced by "8,490,000 won was paid as compensation for damages" in Part 15 of the 4th sentence, "8,490,000 won was disbursed for damage restoration work E."

5. If so, the decision of the first instance court is just in conclusion, and thus, the plaintiff's appeal and the defendant's incidental appeal are all dismissed.

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