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(영문) 대법원 2019.02.14 2018다281111
손해배상(기)
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The court shall judge whether the facts alleged are true in accordance with logical and empirical rules, based on the principle of social justice and equity, with free conviction, taking into account the overall purport of pleadings and the result of examination of evidence.

(Article 202 of the Civil Procedure Act). The admission of facts and the selection and evaluation of evidence conducted on the premise thereof belong to the exclusive authority of the fact-finding court unless it exceeds the bounds of the principle of free evaluation of

For the reasons indicated in its reasoning, the lower court determined that it is difficult to view that the Plaintiff and the Defendant concluded a lease contract for the instant store or a similar compensatory contract between the Plaintiff and the Defendant, and that the damaged tinble part of the ceiling part of the instant store falls under the common use area.

The allegation in the grounds of appeal is merely disputing the fact-finding and the selection of evidence, which are all the exclusive authority of the lower court, and it does not constitute legitimate grounds of appeal

Even if examining the record, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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