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(영문) 대전지방법원천안지원 2019.05.15 2018가단111744
손해배상(기)
Text

1. The Defendant: (a) KRW 3,444,650 for each of the Plaintiffs and 5% per annum from June 5, 2018 to May 15, 2019; and (b) for each of the Plaintiffs.

Reasons

1. Occurrence of liability for damages;

A. 1) The Plaintiffs are the instant orchard 3941 square meters (hereinafter “instant orchard”) in Asan-si, Asan-si.

2) The Defendant owned 1/2 shares and 160 shares in the instant orchard and operated the instant plant by owning 2 or more of the instant orchard factories (hereinafter “instant factory”) adjacent to the instant orchard, the instant orchard owned 1/2 shares and owned 160 shares in the instant orchard.

3) On June 5, 2018, a fire that occurred in the instant plant, and caused damage to 20 weeks of reported exhaust trees of the instant orchard adjacent to the instant plant (hereinafter referred to as “instant fire”).

A) The cause of the instant fire was presumed to be based on negligence (defluence of combustible materials). [The fact that there is no dispute over the basis of recognition, Gap 1-5 evidence, and the purport of the entire pleadings.]

B. According to the above facts, since the fire of this case occurred due to the defect in the preservation of the factory of this case possessed and owned by the defendant, the defendant is liable to compensate the plaintiffs for the damages caused by the fire of this case.

2. Scope of liability for damages

A. According to the appraisal results and the entrustment of appraisal and supplementation by the F appraiserF for property damage, it is recognized that the total amount of damages is KRW 6,889,300,00 in total, and the total amount of damages is KRW 6,671,60 in total, the amount of damages caused by the instant fire was partially dead, the amount of damages caused by the attempted attempt in 2018 was KRW 2,671,60 in total, the 6-based economic value (amount of damages) of the 6,667,600 in total, and the 3-based economic value (amount of damages) of the 550,100 in total.

According to the above facts, the defendant is obligated to compensate the plaintiffs for property damage of KRW 6,889,300.

B. The Plaintiffs claim consolation money of KRW 2 million against the Defendant respectively.

In general, if a property right is infringed by a tort of another person, the mental suffering is also recovered by compensation for such property damage.

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