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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. On January 18, 2018, the Plaintiff’s opening had died of 2 maribs that the Defendant had raised. As a result, the Plaintiff incurred damages of KRW 1,438,700 for medical treatment expenses of the veterinary hospital and KRW 2 million for consolation money. Accordingly, the Defendant is obligated to pay the Plaintiff the damages amounting to KRW 3,438,70 in total and the damages for delay pursuant to Article 759(1) of the Civil Act.
B. The Defendant managed the dogs of the dogs that the Defendant had raised, and the dogs that the Defendant had raised were not asked to kill the Plaintiff.
2. Comprehensively taking account of the following circumstances: (a) although the Plaintiff’s opening was recognized as being being treated by drinking to other members around January 18, 2018; (b) the above evidence and the overall purport of the statement and pleading are as follows; (c) the photographs or CCTV of the Plaintiff’s mags appear in the appearance of the Plaintiff’s mags in the state where the dog raised by the Defendant was cut off; (d) the Defendant’s opening did not appear in the front or attack of the Plaintiff’s dog; and (e) the Plaintiff’s opening was not confirmed as being on January 18, 2018. Even if the Plaintiff and the Defendant’s recording were recorded, the Plaintiff’s wife did not know the Plaintiff’s opening from the Plaintiff, and the Plaintiff’s wife did not know the Plaintiff’s opening.