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(영문) 대전지방법원 2017.01.20 2016나100100
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

Facts of recognition

The court's explanation on this part is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

According to the facts of recognition of liability for damages and recognition of the scope of liability, the deceased C is liable to compensate the Plaintiff for damages caused by the instant accident within the scope of the property inherited from the deceased C, as it caused the instant accident due to gross negligence by neglecting his duty of care to prevent explosion by legacy in the oil storage tank, while neglecting his/her duty of care to ensure that it does not cause explosion by legacy.

In full view of the respective descriptions and arguments in Gap evidence Nos. 1 through 3, 5, and 8 (including paper numbers) which recognized the scope of damage compensation as property damage, the plaintiff suffered property damage as follows due to the accident in this case.

In the case of the cost of purchasing 7200 pulma seedlings, it is recognized that the Plaintiff purchased 7200 pulma seedlings on November 1, 2016 at KRW 5,040,00 and planted in the plastic house, in view of the statement in Gap evidence No. 8 and the fact that the said plastic house is a facility for cultivating the stormtoma, and it can be recognized in light of the empirical rule that, as the plastic house was destroyed by the instant accident that occurred in the winter iron, it can be recognized that the stormtoma seedlings will be deadly damaged or whose growth would be suspended due to the destruction of the plastic house. Therefore, it is recognized as property damage.

The damage amount of KRW 2,780,000, KRW 146,600, KRW 2 earth and sand bags 146,600, KRW 2,000, KRW 3,000, KRW 1,938,000, KRW 4,000 for the automatic control tower fire of KRW 1,938,00, KRW 500 for the installation of a short circuit breaker 5,780,000 for 5 local and local nutrition fertilizers, and for the correction of such fire of KRW 2,780,00 for 6 work site of KRW 320,000.

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