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(영문) 창원지방법원 2014.05.13 2013가단9010
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 21, 2012, the Plaintiff entered into an agreement with the Defendant, who operates Kimhae-si C, to entrust the horses owned by the Plaintiff (Ma name: E) to the Defendant (hereinafter “instant agreement”).

B. At around 08:00 on October 7, 2012, E expressed a mountain lives, and died due to an acute lives by the color of the upper half of the lives of the lives of the lives of the lives of the lives of the lives of the lives of the lives of the lives of the lives of the lives.

[Ground of recognition] Evidence No. 1, Evidence No. 2-3 and No. 4, witness F's witness F's testimony, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion D supplied water to the horses through the automatic water supply system.

E shall take water through water in the form of water as it has rarely taken water into an automatic water supply machine.

D neglected the management of E, such as removing the water source installed in theme bank of E.

Although the Defendant was obligated to take measures to ensure that E takes normal water and feed in accordance with the instant agreement, the Defendant neglected his/her duty to take such measures, thereby resulting in the death of E.

The plaintiff suffered damages of KRW 32,00,000, veterinarian's expenses, KRW 685,000, and KRW 5,000,000 due to mental suffering. The defendant is obligated to pay the plaintiff a sum of KRW 37,685,00,00 as damages due to nonperformance of obligation.

B. The determination is not sufficient to recognize that the Defendant neglected to perform the management duty under the instant agreement, and that a sudden fluence has occurred to E due to failure to perform such management duties, and there is no other evidence to prove otherwise.

3. The plaintiff's claim for conclusion is dismissed as there is no reasonable ground.

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