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(영문) 대법원 2017.05.31 2017다203107
손해배상(자)
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

The court shall determine whether the assertion of facts is true in accordance with logical and empirical rules, based on the principle of social justice and equity, with a free evaluation of evidence, taking into account the purport of the entire pleadings and the result of the examination of evidence (Article 202 of the Civil Procedure Act). The facts duly confirmed by the court of final appeal that the original judgment does not exceed the bounds of

(2) In light of the above legal principles and the evidence duly admitted, the court below’s judgment did not err by failing to exhaust all necessary deliberations or by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, as otherwise alleged in the grounds of appeal. The court below’s judgment did not err by failing to exhaust all necessary deliberations or by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

In addition, examining the reasoning of the lower judgment in light of the records, the lower court’s finding of facts as to the grounds for comparative negligence or its determination cannot be considerably unreasonable in light of the principle of equity, and thus, rejected the allegation in

(1) The Supreme Court Decision 201Da86709 Decided October 11, 2012 (see, e.g., Supreme Court Decision 2010Da86709, Oct. 11, 201).

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