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1. The judgment of the court of first instance is modified as follows.
Attached Form
As to the accident described in the list, the Plaintiff (Counterclaim Defendant).
Reasons
1. Basic facts
A. On March 4, 2016, when the Plaintiff was involved in Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Tong Fire”) with the automobile insurance, the D-wing and 1 ton of the vehicle, which had been driven by the Plaintiff, was driven by the first line of the national highways E in Busan City, the 1st line in the direction of the Plaintiff’s progress. As the Defendant’s plastic house in its neighboring areas, the Defendant’s facilities located in the same way as the picture was turned out, and the collision was destroyed by a fire that had been destroyed by the wild flowers.
(hereinafter referred to as the "accident of this case"). B.
In the event of damage to the Defendant’s plastic house due to the instant accident, the route that the Plaintiff’s above vehicle entered the Defendant’s plastic house and the reason why the Defendant’s said plastic house was damaged is as follows.
(See evidence No. 1 and witness F’s testimony in this Court). D. The Defendant’s plastic greenhouse was destroyed due to the instant accident, written evidence No. 1 (including the number when there are more than one number; hereinafter the same shall apply), the witness F’s testimony in this Court and the purport of the entire pleadings.
2. Summary of the parties' arguments
A. The instant accident caused by the Plaintiff to be destroyed by wild flowers, trees and wild flowerss contained in the Defendant’s plastic greenhouse.
However, some of the damaged things could be recovered when the defendant took a reasonable measure after the accident of this case, and the possibility of rehabilitation reaches 30%.
The plaintiff is obliged to pay the defendant a total amount of KRW 9,542,407 in consideration of the possibility of the above rehabilitation as shown in the following table.
However, since the defendant demanded excessive amount of damages, it is against the defendant in relation to the accident of this case.