(영문) 대전고등법원 2020.01.09 2019나12877

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(영문) 대전고등법원 2020.01.09 2019나12877

대여금

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1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. Determination as to the basic facts and the principal claim

A. The reasons for this part are as follows, "1. Basic Facts" among the reasons for the judgment of the first instance, in addition to the writing or addition of some of the judgment of the first instance;

2. Since the part of the “determination on the claim of the principal lawsuit” is the same, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act. (b) The third part of the 3rd part of the 3rd part of the 3rd part of the 15th part of the 3rd part of the 15th part of the 3rd part of the 3rd part of the 3rd part of the 3rd part of the

2. Determination as to the defendant's counterclaim and counterclaim

A. The Defendant’s assertion that the Plaintiff supplied the Defendant with TMR feed combining the MMR feed, for which he/she provided the Defendant with MR feed.

This constitutes a defect in a product, and the supply of failed feed even without such a defect constitutes an illegal act by intention or negligence.

Therefore, the defendant suffered losses from the death of 18 horses raised by the defendant, and the plaintiff is liable to compensate the defendant for the damages amounting to 50,000,000 won, which is part of the damage claim due to the death of pulmonary death.

The defendant offsets the plaintiff's loan claims by his claim for damages, and also claims the payment of damages by a counterclaim.

B. Determination 1: (a) since June 14, 2016, the cattle raised at a stock farm showed symptoms; (b) from June 17, 2016, milch and 11 marine died between the heat draft; and (c) veterinarian F diagnosed two ma on the day of the death of the death of the death of the death of the death of the death of the death of the death of the death of the death of the death of the death of the deceased; (d) inspected eMR feed remaining in the Defendant stock, and verified that eMR feed remaining in the Defendant stock had failed to receive easia, and presumed that the ease mathitis was caused by easia flomera.

In addition, entry Nos. 6 and 10 shall be made.

참조조문

-민사소송법 제420조

유사 판례

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