1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Basic facts

A. On May 2, 2016, the Defendant obtained permission to engage in development activities on land form and quality from Sejong and 11 parcels, and performed civil engineering works for raising farmland (hereinafter “instant construction works”).

B. The Plaintiff on March 20, 2013

D, E, and two parcels (hereinafter referred to as “Plaintiff’s land”) located adjacent to the parcel indicated in the port, are leased and occupied by paying the rent of KRW 5 million in a lump sum for three years until March 19, 2016.

C. On July 2016, the Defendant failed to properly perform drainage facilities, etc. during the instant construction, and caused an accident where the Plaintiff’s land was flooded due to inundation on the Plaintiff’s land near rainwater due to the cost of coming from the above area.

(hereinafter “the flood accident of this case”) D.

From August 6, 2016 to the 7th day of the same month, the defendant maintained the drainage channel, and implemented reinforcement construction works to install the nets for protection on the slope slope so that earth and sand can not be lost.

E. 43 copies of landscape trees planted by the Plaintiff (hereinafter “instant pine trees”) due to the flood accident of this case were set aside in water.

[Based on Recognition] Facts without dispute, Gap 1 through 3 evidence (including paper numbers, hereinafter the same shall apply), Eul 1 evidence, Eul 1 and 2 evidence, and the purport of the whole pleadings

2. Determination

A. The gist of the Defendant’s assertion that the Defendant’s main defense defense was determined is that the Plaintiff sought compensation for damages caused by the flood accident in the instant case by asserting that the flood accident occurred due to the mistake that caused drainage facilities, etc. during the instant construction.

However, under the premise that drainage does not smooth due to the instant construction works, the Plaintiff asserted that the instant pine trees were immediately before the death and demanded compensation therefor to the Defendant. Accordingly, the Plaintiff and the Defendant incurred damages from the damage to the soil and sand room, namely, the damage from the impossibility of smooth drainage.