손해배상(기)
The defendant shall pay to the plaintiff KRW 28,425,018 as well as 5% per annum from March 22, 2019 to December 18, 2020, and thereafter.
1. According to the evidence evidence evidence Nos. 1 through 4, the plaintiff is a person engaged in plastic recycling business with the trade name "D" on the ground of Macheon-si, and the defendant is a person engaged in plastic recycling business under the trade name "F" on the ground of Macheon-si. On February 10, 2018, a fire occurred in a "F" plant operated by the defendant, and the fire occurred on the ground of "D operated by the plaintiff," and the fire occurred on the ground of "D" operated by the plaintiff, and it is presumed that the two buildings and one warehouse of the plaintiff's factory and one warehouse were removed between the plaintiff's cargo inside the "F" factories, and the fact that the electrical spak occurred between the cargo loaded in the factory, a fire occurred due to a natural outbreak, and the spread of combustion due to plastic raw materials stored inside the factory is presumed to have been easily spread. Accordingly, the defendant is liable to compensate for the damage suffered by the plaintiff pursuant to Article
2. Scope of liability for damages
A. According to the overall purport of the statements and arguments set forth in Gap evidence Nos. 7 through 11 (including paper numbers) and the whole purport of the arguments, the plaintiff is entitled to fire insurance for the two buildings of the factory, but compensation was paid for them. However, since the warehouse buildings are not covered by fire insurance, it was not compensated. The adjuster's damages incurred by the transfer of the warehouse owned by the plaintiff to the plaintiff are 10,474,043 won [10% of new construction cost - 16,539,648 won x depreciation (10% - 11.43% x 52/12 months x 2,126,483 won]. The fact that the amount of damages incurred by the transfer of movable property in the warehouse was 21,756,235 won, and the fact that the actual expenses incurred at the time of construction of the plaintiff's warehouse was 9,000 won, there is no dispute between the parties.
B. The Plaintiff asserts as damages the amount of KRW 32,230,278 (i.e., KRW 10,474,043 movable property of KRW 21,756,235), depending on the results of the said damage adjustment (i.e., KRW 10,474,043). The Defendant shall calculate the amount of damages pertaining to the entire warehouse of the warehouse based on KRW 9 million, which is the actual cost of new construction, and