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(영문) 제주지방법원 2017.12.06 2017나889
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 grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations by the court of first instance, and the fact-finding and judgment by the court of first instance are deemed legitimate in light of each evidence submitted by the court of

Therefore, the reasoning for this court's explanation is as follows, except for the addition of "the next 2. Additional Judgment" as to the argument that the plaintiff emphasizes or adds to this case, and therefore, it is identical to the ground for the first instance judgment.

2. The plaintiff asserts that the judgment of the court of first instance, which dismissed the plaintiff's claim without asking the defendant to clarify the reasons for the preparation of the written statement of this case, erred in failing to exhaust all necessary deliberations due to the violation of the duty of explanation.

Article 136(1) of the Civil Procedure Act provides, “The presiding judge may ask the parties questions, in fact or in law, and urge them to testify, in order to clarify the litigation relations.” The exercise of the right to request explanation by the court pursuant to the above provision shall indicate the omission in the case where the parties have asserted any legal effect and failed to close down and part of the requisite facts have been omitted. The court shall point out the omission and shall give the parties an opportunity to present their arguments on this issue, and where the parties have no explicit dispute between the parties on the matters which are obviously not proven due to negligence or misunderstanding, or which would be obviously or not likely to be proved by the parties, the court shall demand explanation and verification. If the court intends to determine the propriety of a claim on the grounds of the legal point of view that the parties have never known or anticipated, the court shall give the parties an opportunity to state their opinions on such legal point of view.

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