구상금
1. Of the judgment of the court of first instance, the part against the defendant A which exceeds the following order for payment shall be revoked.
1. The reasons for the acceptance of the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except for the parts added or written by the following paragraph (2). Thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. A portion used for adding or cutting;
(a)as of the fourth decision of the first instance, the following shall be added:
Even if Defendant A is an occupant of the PC, it does not constitute an occupant of an external tent, since it does not include an external tent in the leased object at the time of lease of the said PC.
(b)"and" shall be added to the first place in Part 15 of the first instance judgment.
(c)Conduct 1 to 6 of the first instance judgment are as follows.
In full view of the facts as to whether Defendant A is an occupant of the external tent or not, as a whole, the Defendant A is deemed to have worked daily in the PC and registered as an occupant of the PC because it was registered as a business operator in his/her name. The evidence submitted by the above Defendant alone is insufficient to deem that the above Defendant was an occupant of the PC. Furthermore, according to each of the above evidence, the external tent was installed for the storage of the PC-related collection equipment, and the Defendant A appears to have been transferred the possession of the PC while being well aware of the above facts, and it is reasonable to deem that Defendant A occupied the external tent with the PC.
(d)on the sixthth sentence of the first instance court, the following shall be added:
[1] The court may reduce the amount of damages in consideration of the circumstances set forth in each subparagraph of Article 3(2) of the Act, if there is no gross negligence on the part of the actual owner pursuant to Article 3 of the Act on the Liability for Fire Caused by Fire.
2. The following circumstances, which can be acknowledged by comprehensively taking account of the overall purport of the evidence presented above.