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(영문) 의정부지방법원 2018.06.07 2018나200564
손해배상(기)
Text

1. Of the judgments of the first instance court, the part against the defendant in the judgment shall be modified as follows:

The defendant shall pay to the plaintiff KRW 22,272,984.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows. The part concerning "the scope of damages" and "the conclusion of "the third party's conclusion" as stated in Part 4, 10, 10, 5, 5, and 5, 11, 16, and 16, 10, 40, 400, 420, 420, 420, 420, 420, 420, 420, 420, 420, 5,000,0000,

2. Sheon portion "b."

1) According to the appraisal by appraiser I of the first instance trial on the construction cost (affirmative loss) and the purport of the entire pleadings, where the number of water leakage generated in the instant store was destroyed by a ice and a wall, resulting in partial damage to air conditioners, etc., and the Plaintiff’s assertion summary of business suspension damage (negative) (negative) is as follows: (i) the Plaintiff sought payment of 12,522,532 won (i.e., the total amount of damages equivalent to the operating profit incurred by the Plaintiff’s failure to conduct its business for 11 days expected to be required for repair work; and (ii) the Plaintiff sought payment of 12,52,532 won (i.e., the total amount of damages 1,138,412 x 11 day) separately from the business suspension and loss for a reasonable period necessary to install other goods; and (ii) where the business suspension and loss was incurred for a reasonable period of time, the same applies to the case where the business suspension and loss could have been incurred for a reasonable period of time.

(see, e.g., Supreme Court Decision 2001Da82507, Mar. 18, 2004). Moreover, it was difficult to obtain the benefit that a business could have been achieved during that period as a loss resulting from suspension of business.

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