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1. The Defendant’s KRW 14,294,00 for the Plaintiff and 5% per annum from April 26, 2015 to July 5, 2016.
Reasons
1. Indication of claim;
A. The Defendant is a person who, without permission, transferred a building on the ground of 134 square meters in Yangyang-gun, Gyeonggi-gun, the Plaintiff owned by the Defendant (hereinafter “instant building”).
B. On April 26, 2015, a fire occurred in the instant building due to the Defendant’s negligence, and 140 square meters out of 206.18 square meters of the total floor area of the instant building was destroyed.
C. The Plaintiff filed damages against the Defendant on the ground of tort: ① KRW 14,294,00 for the property damage caused by the loss of the instant building; ② the instant building was almost all overcoming, and thus, did not have to remove the instant building. As such, the Plaintiff sought reimbursement of KRW 10,00 for the removal cost, ③ KRW 12,306,00 for consolation money for mental shock, ③ KRW 36,600 for consolation money for emotional shock, and damages for delay.
2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;
3. Partial dismissal.
A. Where a building is damaged due to a tort in the part claiming the cost of removal, if it is possible to repair, the cost of repair, if the repair is impossible, and the market price of the building that forms the basis for the amount of compensation for damages due to a tort is not included in the cost of removal of the building (see, e.g., Supreme Court Decision 94Da19129, Jul. 28, 1995). In light of the above legal principles, there are special circumstances in order to recognize the cost of removal of the Plaintiff’s assertion as damages, and there are special circumstances in order to recognize that the Defendant knew or could have known of such circumstances (Article 393(2) of the Civil Act), or that the Defendant knew or could have known of such circumstances. Therefore, the Plaintiff’s claim for this part is without merit.
B. In general, in a case where a property right is infringed by a tort of another person, mental suffering shall be deemed to be recovered from the compensation for such property damage. Therefore, the compensation for property damage shall be made.