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(영문) 의정부지방법원 고양지원 2017.02.03 2015가합73906
손해배상(기)
Text

1. The Defendant: (a) KRW 68,523,736; (b) KRW 23,400,000 to Plaintiff A; and (c) from March 22, 2015 to February 2017 to Plaintiff B.

Reasons

1. Establishment of liability for damages;

A. Comprehensively taking account of the overall purport of the pleadings as a result of the fact-finding on Gap's evidence Nos. 3, 12 through 16, and 24, and the fact-finding on Gap's fire special damage adjusting corporation: (a) around 13:10 on March 22, 2015, the defendant put waste into the dry field cultivated by the defendant in D (hereinafter "the dry field of this case") located in the drum and incinerated waste inside the drum, leaving the site without leaving the drum as it is; (b) the plaintiff Gap's plastic house (hereinafter "the instant plastic house") located in the vicinity of the drum due to strong wind (hereinafter "the instant two-wing facilities"); (c) the fact that the plaintiff's plastic house of this case and its affiliated facilities were destroyed by fire Nos. 10 and the plaintiff's facilities were destroyed by fire No. 281 on March 23, 2012; and (d) the fact that the above facilities were destroyed by fire No. 31 on May 21, 20. 21.

B. According to the above facts, since the weather near the dry field of this case was very dry at the time of the occurrence of the fire of this case, in the event of incineration of waste from outdoor, the remaining fire remains so that it can not be moved to the inflammable substances due to wind, and the site is observed for a considerable period of time even after the fire of this case, and there was a duty of care to monitor as to whether the fire does not remain cruel, it is recognized that the fire of this case occurred due to the Defendant’s negligence, and that the Plaintiff’s instant plastic houses, the sprink facilities, etc. of this case were damaged by fire.

C. Therefore, the defendant is liable to compensate the plaintiffs for damages caused by the fire of this case.

2. Scope of liability for damages

A. Plaintiff A (Plaintiff A1) A’s greenhouse with a fire is the remaining value of 10 square meters.

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