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(영문) 서울고등법원 2013.09.04 2012나84990
손해배상(기)
Text

1. The judgment of the first instance, including the claims extended in the trial, shall be modified as follows:

The Defendants respectively.

Reasons

1. The reasons for each part of the underlying facts and the occurrence of liability for damages are the same as the corresponding part of the reasoning of the judgment of the first instance, and thus, they shall be quoted by the main sentence of Article 420 of the Civil Procedure

2. Scope of liability for damages;

A. (1) Generally, damages caused by a tort shall be assessed as ordinary damages, in a case where the goods are destroyed, the market price at the time of their destruction, in a case where the goods are damaged, or in a case where the repair or restoration to original state is possible, or in a case where the repair or restoration to original state is impossible or the expenses are excessive (see, e.g., Supreme Court Decisions 2007Da7751, Apr. 10, 2008; 2005Da44626, Apr. 28, 2006; 95Da38233, Jan. 23, 1996). Meanwhile, in a case where a part of the goods remains impossible to repair even after repair, the reduced exchange value due to the impossibility of repair shall be deemed as ordinary damages.

(2) In light of the following facts and circumstances, the Plaintiff’s appraisal result of the Plaintiff’s appraiser F of the first instance trial (see, e.g., Supreme Court Decisions 2001Da52889, Nov. 13, 2001; 91Da28719, Feb. 11, 1992; 201Da28719, Feb. 11, 2002). In light of the above legal principles, in light of the facts and circumstances acknowledged as a whole by comprehensively taking account of the overall purport of the pleadings, the Defendant’s appraisal result of the Plaintiff’s appraisal result of the instant flood disaster, 24,507 punishment, 664 rolllss (57,50 kilograms) of the Won, which was kept in the instant building due to flood damage, caused flood, contamination, and damage to the Plaintiff’s property equivalent to KRW 298,00,02,250, and KRW 930,1100,39363.

The exchange value of 664 Rawls (57,550 km) that has been damaged to the extent that it is impossible to repair it due to flooding is 95,930,110 won.

2. The allowances that have been flooded;

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