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(영문) 의정부지방법원 2018.06.28 2018나202980
손해배상(기)
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

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

purport, purport, and.

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 defendant added the judgment as stated in Paragraph 2 below with regard to the matters for which the defendant asserts again in the trial of the court of first instance. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. In addition, the defendant agreed to establish a plastic house to prevent the alteration that he raises from harming the plaintiffs' dwellings. However, the plaintiffs cannot install a plastic house at the wind that enables the construction of a permanent plastic house from the manufacturing cost to the number of million won, not the general plastic house, and this caused damage to the plaintiffs. Thus, the defendant does not have a duty to pay consolation money to the plaintiffs, or the amount of consolation money should be reduced in consideration of the plaintiffs' negligence.

However, there is no evidence to prove that the plaintiffs demanded the establishment of a permanent vinyl house by refusing the establishment of a general vinyl house against the defendant. Thus, the defendant's assertion is without merit.

3. As such, the plaintiffs' claims are justified within the above scope of recognition, and the remaining claims are dismissed as they are without merit. The judgment of the court of first instance is just in conclusion, and the defendant's appeal against the plaintiffs is dismissed as it is without merit.

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