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(영문) 대법원 2018.02.28 2017다264799
손해배상(기)
Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

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

(Article 432 of the same Act). In addition, on the grounds of a written judgment, a judgment on allegations by the parties and on other means of offence and defense shall be indicated to the extent that it is possible to recognize that the text is justifiable, and no judgment on all means of offence and defense by the parties shall be

Article 208 of the Civil Procedure Act (Article 208 of the Civil Procedure Act). Although a court ruling does not state a direct judgment on the matters alleged by the parties, if it is possible to find out that the allegations have been cited or rejected in light of the overall purport of the reasoning of the judgment, it shall not be deemed an omission of judgment. Even if a court ruling was not yet made, if it is obvious that such assertion would be rejected,

(See Supreme Court Decision 2006Da218 Decided July 10, 2008, and Supreme Court Decision 2011Da87174 Decided April 26, 2012, etc.). The lower court, based on the reasoning of the first instance judgment, citing the reasoning of the first instance judgment, concluded an agreement between the Plaintiffs and the Defendant that the Plaintiffs would not file a lawsuit against the Defendant regarding the instant accident at the later time between the Plaintiffs and the Defendant, who are the successors of the ROK or the Indonesian Nationality Seafarers (hereinafter “the deceased”) who died due to the sinking of AK on December 1, 2014.

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