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(영문) 대법원 1958. 11. 20. 선고 4291민상45 판결
[손해배상][집6민,079]
Main Issues

The case of failure to exercise the right of explanation against the party's assertion on the degree of damage;

Summary of Judgment

It is alleged that the cost of repairing 100,000 won is required due to a large number of damaged ships, and it is erroneous to calculate the total amount of 310,000 won equivalent to the price of the ship to the amount of damages caused by the damage to the ship without any reason.

[Reference Provisions]

Article 127 of the Civil Procedure Act

Plaintiff-Appellee

United Kingdom of Interest

Defendant-Appellant

Formation salary;

Judgment of the lower court

Jinju support in the first instance, Daegu High Court Decision 57 civilian middle 128 delivered on October 16, 1957

Reasons

According to the purport of the complaint and the parties' arguments, even though the plaintiff asserted that if the plaintiff's entries were repaired in its original state because there are many damaged places of the ship, the amount of 100,000 won is required, the court below shall conduct an examination on the degree of damage, but it is erroneous in the incomplete hearing to assess the amount of damages in full, 315,000 won, which is the price of the ship of this case, as the total amount of 315,000 won, due to damage.

Justices Go Jae-ho (Presiding Justice)

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