손해배상(기)
1. The Defendants are jointly and severally liable to the Plaintiff for KRW 15,000,000 and Defendant Digitalex Co., Ltd.
1. According to the purport of the evidence Nos. 1, 3, 7, and 8 as well as the entire pleadings, the Defendants consulted the Plaintiff who cultivated the company around February 2014 and provided various nutritional agents, agrochemicals, fertilizer materials, and other technical assistance. The Plaintiff, who cultivated the company in accordance with the Defendants’ consulting, but caused damage to the company, such as strawing and strawing, etc., even though he cultivated the company in accordance with the Defendants’ consulting, may recognize the fact that the Plaintiff’s company and sales in 2014 significantly decreased compared to ordinary sales.
Therefore, the Defendants are jointly and severally liable for damages incurred to the Plaintiff.
2. In a claim for damages arising from a tort within the scope of liability for damages, where it is deemed that the existence of property damage is recognized, but it is difficult to prove the specific amount of damage in light of the nature of the case, the court may determine the amount of damage by taking into account all relevant indirect facts, including the relationship between the parties revealed by the result of examination of evidence and the purport of all pleadings, the background leading up to the tort and the occurrence of property
(See Supreme Court Decision 2013Da65710 Decided July 10, 2014 (see, e.g., Supreme Court Decision 2013Da65710, Jul. 10, 201). In light of the foregoing legal doctrine, it is reasonable to view the damage suffered by the Plaintiff due to death and cultivation under the consulting of the Defendants as KRW 30,000,000, in full view of the relationship between the Plaintiff and the Defendants based on the evidence submitted by the Plaintiff and the Defendant, as well as the developments and attitudes leading up to the occurrence of the Plaintiff’s damage.
However, it is possible to limit the amount of damages in light of the ideology of the damage compensation system, which is fair apportionment of damages, and there are many persons affecting death and farming, so it is limited to the plaintiff's damage only by the consultation of the defendants.