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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
Basic Facts
A. On April 12, 2017, around 09:40, the Plaintiff-owned goods, etc., which were kept for about two years prior to the instant vinyl, were destroyed by the Defendant’s instant vinyl in a dry field near C’s vinyl ( used for residential purposes at the time; hereinafter “instant vinyl”). As a result, the instant vinyl and the Plaintiff-owned goods, etc., which were kept for about two years prior to the instant vinyl.
(hereinafter “instant fire”). B.
After the instant fire, E Co., Ltd assessed the amount of damages caused by the instant fire at the Defendant’s request. After the on-site inspection, the amount of damages prepared by the said Co., Ltd. was 250 out of 12,147,630 won: “The amount of damages caused by the instant fire was 131,31, 181,728, and 1,500,000,000 won for vehicles owned by the Plaintiff, and 1,500,000,000,000 won for vehicles owned by the Plaintiff. However, among the items claimed by the Plaintiff, the amount of damages caused by the instant fire was 12,147,630 won, and the amount of damages caused by the instant fire at the time of its preservation (2 years) and the amount of damages incurred by the instant Co., Ltd., the said company did not have property value for the instant fire at the time of its on-site inspection to the effect that it could not be verified at the time of its on-site inspection.”
(hereinafter referred to as “instant damage adjustment statement”). C.
On the other hand, the Defendant was prosecuted for the crime of realizing the instant fire (U.S. District Court Decision 2017Da3488, Jun. 10, 2018), and was sentenced to a fine of KRW 3 million on July 10, 2018 (The indictment stated that the Plaintiff’s damaged goods and the value of the Plaintiff’s damaged goods that were destroyed by the instant fire are “2,830,000 won, such as the original amount of kinium, the amount of kin acid, and the amount of kinju, but the value was changed to “market price in fact” through amendments to the indictment).