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(영문) 대전고등법원 2019.03.20 2018나11389
손해배상(기)
Text

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

Reasons

1. The reasoning for the court’s explanation concerning this case is as stated in the reasoning of the first instance court’s judgment, and as such, the reasoning for the court’s explanation is as stated in the reasoning of the first instance court’s judgment, and such reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

① At the seventh 1~2 of the judgment of the court of the first instance, “Woo 15°1,2, and 3 of the 7th 1-2 of the judgment of the court of the first instance” had been set at “Woo 15 degrees (hereinafter referred to as “satis 15 degrees”)” and “the 2, 3 degrees of the instant case set at 12 degrees.”

(2) Each "12 degrees" of six parallels of the first instance judgment and two parallels of the first instance judgment shall be applied to "15 degrees or 12 degrees" respectively.

2. Additional determination

A. Further determination as to the occurrence of liability for damages 1) The Defendant’s employee’s testimony, the testimony of the witness of the first instance court, the result of the appraisal by the appraiser of the first instance court, the result of the appraisal by the appraiser of the first instance court, the result of the appraisal by the appraiser of the court of the first instance, the result of the appraisal by the appraiser of the court of the first instance, the result of the appraisal by the veterinarian of the court of the first instance, and the fact-finding by the public prosecutor of the court of the first instance did not change almost in the mixed air temperature of the first, second, and third instances. Accordingly, there is no causal relation between F’s establishment temperature and the crocf and infection of the horses in the first, second, and third Winter companies of this case. 2) The Defendant’s employee’s change in the temperature of the first, second, and third generations of the first instance court, and the result of the appraisal by the public prosecutor of the first instance court, and the following circumstances are considered to have been changed to 3rd and fourths.

According to the appraisal results that came into effect on January 8, 2019 by the appraisal commission for L by the court of the trial, the temperature of the mixed air supplied to the company is 12.4 degrees to 7.9 degrees when the temperature of the mixed air installed in the instant one is changed from 15.5 degrees to 5 degrees.

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