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(영문) 창원지방법원 2017.05.31 2015나11995
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

purport.

Reasons

1. The reasons why the court should explain this part of the facts of recognition are the same as the corresponding part of the reasoning of the judgment of the first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. The reasoning for the court’s explanation of this part of the Plaintiff’s assertion is the same as that of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.

3. Determination

A. In full view of Gap evidence Nos. 5 and 26 (including photographers and removals; hereinafter the same shall apply) and evidence Nos. 5 and 26 (Summary Order); testimony and the whole purport of pleadings by witnesses F of the first instance trial on April 23, 2012, the defendant voluntarily removed the building of this case and then discarded articles, including clothes, booms, furnitures, and furnitures, kept in the building of this case, and the facts acknowledged earlier, the defendant can be acknowledged when he removed the building of this case and then destroyed articles such as clothes, booms, furnitures, and furnitures. However, in addition to the facts acknowledged earlier, the defendant could find the facts that other articles other than the above clothes, booms, and booms of this case were destroyed by other articles mentioned in evidence No. 3 and evidence Nos. 14 (S. of destruction and damage).

Therefore, the defendant is liable to compensate for damages suffered by the plaintiff by removing the building of this case and destroying clothes, booms, furnitures, etc. owned by the plaintiff.

B. (1) In a claim for damages arising from a property damage tort, where it is difficult to prove specific amount of damages due to the nature of the case, the court recognizes the occurrence of property damage and recognizes the maximum amount of damage, but it is difficult to prove the specific amount of damage. The relationship between the parties revealed by the result of examination of evidence and the purport of the entire pleading, and the tort and the property damage resulting therefrom.

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