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(영문) 대전고등법원 2016.10.07 2015나12923
손해배상(기)
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

3. Text of the judgment of the court of first instance;

Reasons

1. The reasoning of the court’s explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except where the court records or adds the judgment of the court of first instance as follows. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Part 4, the Court’s “this Court” in Part 3, shall be detained to Daejeon District Court. On the fourth page 11 and 12, the following shall be added:

A. On March 27, 2013, the Plaintiff suffered losses equivalent to KRW 375,00,000, operating income (i.e., KRW 25,000,000 / 15 months) that the Plaintiff had been unable to use approximately 30,000,000, total market price of the instant factory, on the ground that the Plaintiff was unable to use approximately 6,000 km from March 27, 2013 due to the Defendant’s failure to operate the instant plant from March 27, 2013 to June 26, 2014, and thus, paid damages for delay from June 27, 2014.

Part 4, Paragraph 12, Paragraph 12, Paragraph 17, Paragraph 1, Paragraph 1, Paragraph 1, Paragraph 2, Paragraph 1, Paragraph 2, Paragraph 3, Paragraph 3, of Paragraph 17, Paragraph 3, of Paragraph 5, each "B", Paragraph 3, Paragraph 3, and Paragraph 5, respectively, and Paragraph 5, "No. 8" shall be deemed "No. 8,12", and Paragraph 7, "from March 27, 2013," as "from March 27, 2013, as the plaintiff seeks, as the court of first instance decides, the appeal filed by the plaintiff and defendant is justifiable, and all of the appeals filed by the plaintiff and defendant shall be dismissed as of June 27, 2014, and the judgment of the court of first instance shall be corrected as follows: "No. 27, 2013," from March 27, 2014 to June 27, 2014."

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