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1. The part against Defendant B and C among the judgment of the court of first instance against Defendant D which exceeds the amount ordered to be paid below.
Reasons
Basic Facts
The Plaintiff is the owner of the land E in Kim Sea-si and 124 square meters in storage, 80 square meters in storage/ stables, Kim Sea-si F in Kim Sea-si, G land, and 152 square meters in storage, 48 square meters in storage (hereinafter “instant buildings”).
Defendant D leased the instant building from the Plaintiff in the monthly rent of KRW 1,00,000 from the Plaintiff and operated the secondhand shop in the name of “H”.
(hereinafter “H building”). Defendant B, an employee of Defendant C’s “J” operated by Defendant C, visited H on February 18, 2016 to select plastics.
On February 18, 2016, a fire (hereinafter “instant fire”) occurred in H building around 10:30, and the instant building was relocated.
【In the absence of dispute, there was a fire in the instant case due to negligence, which was caused by Defendant B’s assertion of the purport of the Plaintiff’s argument as to the entire pleadings, while performing plastic sorting work by setting aside plastic products in which it was put in H.
Therefore, Defendant B is an illegal act, and Defendant C is the employer of Defendant B, and Defendant D is jointly and severally liable to compensate the Plaintiff for the removal cost of KRW 71,147,830 (i.e., the value of the destroyed building at KRW 24,362,830 (i.e., the cost of removal of KRW 3,781,000 for agricultural machinery destroyed at KRW 3,50,000 for the total rent of KRW 30,500 for the total rent of KRW 30,500 for the total rent of KRW 20 months).
It is not sufficient to acknowledge that the instant fire occurred due to Defendant B’s negligence on the sole basis of the descriptions of evidence Nos. 13 through 17 of the judgment as to the respective claims against Defendant B and C, and there is no other evidence to acknowledge it.
Rather, according to the purport of Gap evidence Nos. 3 and 4 and the whole arguments, defendant Eul was convicted of a fine of KRW 7 million in the first instance court of the case prosecuted as a crime of realization.