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(영문) 인천지방법원 2019.02.13 2018나59673
손해배상(기)
Text

1. All appeals by the Plaintiff against the Defendants and by Defendant H Co., Ltd. against the Plaintiff are dismissed.

2.

Reasons

1. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is identical to the reasoning of the judgment of the court of first instance, except for cases where the judgment is dismissed as follows. Thus, it is acceptable to accept it as it is by the main sentence

2. The part to be mard;

A. Of the judgment of the first instance, the first instance court determined that “no evidence exists to acknowledge the objection” of the fifth multiplied by the fifth one, and that “no evidence exists to prove or prove,” of the second sentence of the same column, “the evidence submitted by the Plaintiff (including evidence No. 6) alone is insufficient to prove.”

B. Following the phrase "no evidence exists to recognize the 7th of the judgment of the court of first instance" in the 7th of the fifth of the 7th of the 7th judgment, the phrase "in this case, the plaintiff claims damages from ruptures during the rupture construction process, and even if the retaining wall currently installed is difficult to protect the house of this case from the vehicle traveling along the house of this case as alleged by the plaintiff, this is deemed to be due to the high level of ruptures on the road rather than the ruptures due to the ruptures occurred during the construction process of the rupture, and thus, the above height of the adjacent road as above is alleged to exceed the number of the plaintiff, or to infringe on any right, it is irrelevant to the damage caused by ruptures during the rupture construction process (i.e.,, even if ruptures on the existing wall during the rupture construction process, the same problem may arise as far as the adjacent road is high)."

3. Thus, the plaintiff's claim against the defendant company shall be accepted within the scope of the above recognition with merit, and the remainder of the claim against the defendant company and the claim against the defendant's Gu shall be dismissed without merit, and the judgment of the court of first instance shall be delivered with this conclusion.

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