손해배상(기)
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
The reasoning for this part of the judgment of the court of first instance, which is accepted by the court, is the same as that of the judgment of the court of first instance, except for the addition of paragraph (2) below, and thus, it is acceptable in accordance with the main sentence of Article 4
In addition, the Defendants asserts that the Defendants’ act constitutes self-defense or emergency evacuation, and thus, the Defendants are not liable to compensate for damages.
The self-defense is established in cases where it inevitably causes damage to another person to defend himself/herself or a third party's interests against a tort (Article 761 (1) of the Civil Act). Emergency evacuation is established in cases where it inevitably causes damage to another person in order to avoid imminent danger (Article 761 (2) of the Civil Act). The evidence submitted alone alone was that the plaintiff's tort was committed.
The Defendant’s assertion that the Plaintiff’s bringing-in of the body of an animal into the landfill site is illegal, but according to Articles 2 and 2-2 of the Wastes Control Act and the attached Table 4-2 of the Enforcement Rule of the same Act, the animal body constitutes animal residues (items No. 91-16-00) among domestic wastes, and Articles 4 and 14 of the Wastes Control Act provide that the Plaintiff shall dispose of domestic wastes discharged from the area under his/her jurisdiction at the waste disposal facility; thus, the Plaintiff’s bringing-in of the body of an animal into the landfill site cannot be deemed illegal.) The Defendants’ act was inevitable.
The defendants' assertion is without merit, or there is no other evidence to acknowledge that there was an imminent danger to the defendants or nearby residents in the landfill site.
In conclusion, the judgment of the court of first instance is justified, and all appeals by the defendants are dismissed. It is so decided as per Disposition.