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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
2...
Reasons
1. Facts of recognition;
A. The Plaintiff and the Defendant had a fenced adjacent company residing in each mast house, and the Plaintiff had a small dog f, and the Defendant had a large dog firs.
B. On March 27, 2018, the Defendant’s wind dog asked the Plaintiff’s food (hereinafter “instant accident”), and the body was discovered from the road side near the Defendant’s house warehouse (out of the fence).
[Ground of recognition] Facts without dispute, Eul evidence Nos. 1 and 2 (including branch numbers, if any; hereinafter the same shall apply)
2. Occurrence of liability for damages;
(a) The possessor of an animal shall be liable to compensate for any damage inflicted on another person unless it proves that he/she has not neglected due care in keeping the animal in accordance with the description and nature of the animal;
(Article 759 of the Civil Act). (b)
According to the above facts of recognition, the defendant is liable to compensate the plaintiff for damages since the wind dog owned and occupied by the defendant was caused by the death by asking the food owned by the plaintiff.
Furthermore, although the plaintiff asserts that the defendant's wind dog was dead by entering the plaintiff's house and asking food, there is no evidence to specify the exact location of the accident.
C. As to this, the Defendant: (a) integrated the Defendant’s stormer with the Defendant’s windline; (b) it appears that the Plaintiff’s wind dog, which was interested in the wind to stimulate the wind, was cut down and attacked by the Defendant’s wind, and that there was no negligence on the part of the Defendant.
However, the images of the evidence Nos. 1 and 2 are not sufficient to acknowledge the defendant's assertion, and there is no other evidence to acknowledge it.
Rather, the following circumstances recognized by taking into account the above facts of recognition and the overall purport of the pleadings, i.e., ① the Plaintiff and the Defendant did not directly witness the accident, and thus, the background of the accident.