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(영문) 서울중앙지방법원 2019.05.02 2018나38316
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for this case is as stated in the reasoning of the judgment of the court of first instance, except for adding the following judgments, thereby citing this case in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Judgment as to additional parking lots] The Plaintiff asserts that the parking facilities of this case meet the conditions of “Accuss and RV vehicle 18 vehicles,” and the above conditions should be physically feasible and legally possible. However, the parking facilities of this case are merely a medium type mechanical parking facility that is legally unable to accommodate large vehicles, and thus, the Defendant is liable for damages therefrom.

The plaintiff's above assertion is insufficient to recognize the plaintiff's above assertion only with the evidence presented by the plaintiff, and there is no other evidence. Thus, the plaintiff's above assertion is without merit.

[In a case where the plaintiff's claim is accepted at the trial, the defendant's conjunctive claim (a set-off and a defense for extinctive prescription) shall not be separately determined.]

2. If so, the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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