(영문) 수원지방법원 2017.01.26 2016나6214 | 리걸엔진

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(영문) 수원지방법원 2017.01.26 2016나6214

손해배상(기)

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1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 24,218,165 as well as to the plaintiff on May 8, 2014.

Reasons

1. Basic facts

A. On April 17, 2013, the Plaintiff leased 11 greenhouses (one unit area is 518.4 square meters) (hereinafter “instant vinyls”) installed on the Gyeonggi-si, Gyeonggi-do, D, E, and its ground (hereinafter “instant vinyls”) and cultivated branches, etc. in the instant vinyl houses.

B. At around 20:00 on May 7, 2014, the Defendant entered the said vinyl house for the purpose of waiting the water in his own issues adjacent to the instant vinyl house, and operated the water collection box installed inside the said vinyl house.

As a result, the instant plastic house supplied water from the pipe of water supply to 06:00 on May 8, 2014 (hereinafter “instant accident”).

As a result of the instant accident, seven of the instant vinyls were sprinked, and some of the seedlings were sprinked with the string of the seedlings and pipes being cultivated by the Plaintiff.

C. On May 9, 2014, the Defendant prepared a letter of payment (Evidence 3-2) stating that “The Defendant promises the Plaintiff to compensate for the facilities incurred by the destruction of the instant vinyl and for the damage to agricultural crops in return for the promise to compensate for the said damage, the expenses for the removal shall be paid immediately after the removal, and the damage to agricultural crops shall be compensated for the crops incurred after the removal, and the expenses for the restoration to the original state of a vinyl house and the compensation for the damage to agricultural crops shall be paid by July 31, 2014.”

In addition, the Defendant removed pipes displayed by the instant accident from May 9, 2014 to March 13, 201 of the same month to the Plaintiff, and the string of pipes and pipes from May 15, 2014 to May 16, 2014 were engaged in the work.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, Eul evidence Nos. 3 through 5, 10, 13 through 15 (including virtual numbers; hereinafter the same shall apply), Gap evidence Nos. 2, Eul evidence Nos. 6 and 9, and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. Whether the liability for damages occurred and

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