손해배상
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff cultivated walscrus by using a vinyl owned by the Plaintiff’s greenhouse (hereinafter “Plaintiff’s vinyl”) in the area of 6,023 square meters of the C orchard in Seopoposi, and the Defendant also cultivated walscruscrus by using a vinyl house owned by the Defendant (hereinafter “Defendant’s vinyl”) in the area located between the said orchard and the farm road.
B. On October 4, 2016, at night, the Plaintiff’s vinyl was destroyed on the wind that the Defendant vinyl was extracted from the ground by steel pipe, and then the Plaintiff’s vinyl was covered by the Plaintiff’s vinyl.
(hereinafter “the instant damage”). On the other hand, the Plaintiff’s vinyl, whose 20 or more years have elapsed since its establishment, did not extract from the ground even on the said typhoon.
[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 4, Eul's evidence 1 (including paper numbers; hereinafter the same shall apply) or video, appraiser E's appraisal result, the purport of the whole pleadings
2. The assertion and judgment
A. As seen above, in light of the fact that the date of extraction of the Defendant’s vinyl was made up of typhoons immediately following the typhoons, and the Plaintiff’s vinyl was covered by the Plaintiff’s vinyl, the damage of this case was naturally funded, but it appears that the Defendant’s vinyl was caused by the defect not meeting the stability to be secured according to its use. As such, the Defendant is liable to compensate the Plaintiff for the damages caused by the Plaintiff’s defect in the vinylhouse owned and possessed by the Defendant.
B. 1) The Plaintiff’s assertion 1) The cost required for the repair of the Plaintiff’s vinyl was KRW 55,794,698. In Jeju-do, the amount of damage incurred by the Plaintiff’s vinyl was KRW 50,516,00 (i.e., KRW 1,270 square meters, KRW 43,942,000, KRW 380 square meters, KRW 6,574,00, KRW 19,740,000, as a subsidy for the restoration of the said disaster, and KRW 20,000,000,000, including the subsidy for the restoration of the disaster to the said vinyl located in the Plaintiff’s vinyl owned by the Plaintiff.