손해배상(기)
1. The Defendant’s KRW 17,860,50 for the Plaintiff and KRW 5% per annum from September 29, 2015 to December 20, 2016.
1. In full view of the records of evidence No. 1, evidence No. 2, video of evidence No. 2, and the purport of the entire pleadings as a result of an appraisal commission by this court against C, the Defendant shall retire wastes on September 29, 2015.
The fire (hereinafter “the fire in this case”) occurred, and the 16,357 share of the fire in this case was destroyed by the fire, and the plaintiff planted about 100,000 shot tree seedlings on each land E and F in Seosan-si. The fire in this case can be acknowledged.
According to the above facts, since the defendant neglected his duty to pay attention to avoid spreading to different places in the process of incineration, and the plaintiff's seedlings damaged by fire occurred, the defendant is liable to compensate the plaintiff for damages caused by the tort for the amount equivalent to the market price of the seedlings damaged by the fire in this case.
2. Scope of liability for damages
A. If a court requires special knowledge and experience in determining certain matters, the court has no choice but to use such knowledge or experience as a means to assist the judgment, so long as there are several different appraisal of the same facts, and there is no evidence to prove that there is an error in one of them, the court has employed either one of the appraisal or recognized facts based on only one of the one appraisal.
Even if it does not violate the rules of experience or logic, it cannot be deemed unlawful.
(See Supreme Court Decisions 9Du1731, Jun. 15, 2001; 2008Da45491, 45507, Nov. 13, 2008). According to the result of the commission of appraisal to C by this court, the fact that the amount equivalent to the market price of the Plaintiff-owned seedlings damaged by the instant fire is 19,845,000.
The defendant shall set up an appraisal statement in this Court No. 2015No. 536, per share.