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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Occurrence of liability for damages;
A. The Plaintiff sets up a farm house in the farmland located in Sungsung-si C, and the Defendant is operating the business of selling the middle restaurant house in D and E adjacent to the said farmland.
B. On May 19, 2017, a fire occurred while the Defendant was carrying garbage at the front end of the above building. Accordingly, the damage was caused by the fire of various movable property, such as the warehouse and 2glue trees owned by the Plaintiff, and 1 pVC water tank, and household fixtures (hereinafter “instant fire”).
[Reasons for Recognition] Unsatisfy, Entry of Evidence A No. 2, Results of verification by the court of the relevant trial, and purport of the whole pleadings
2. Determination as to the cause of action
A. According to the above facts, it is reasonable to view that the fire of this case occurred due to the defendant's mistake.
The Defendant is liable to compensate the Plaintiff for damages incurred by the instant fire.
B. It is recognized that the scope of damages in this case caused damage to KRW 340,00,00 for planting trees owned by the Plaintiff and KRW 8,000 for purchasing the PVC water quality.
Furthermore, the Plaintiff seeks KRW 2,736,00 for the cost of removal and new construction of a warehouse. The quotation submitted by the Plaintiff is premised on the cost of removal and new construction of a warehouse. Therefore, it is difficult to recognize the entire cost stated in the said quotation as the amount of damages.
However, if it is deemed that the fact that the damage occurred, but it is extremely difficult to prove the specific amount of damage due to the nature of the case, the court may determine the reasonable amount as damages by taking into account the overall purport of the pleadings and all the circumstances recognized as the result of the examination of evidence (see Article 202-2 of the Civil Procedure Act). The aforementioned evidence requires the degree and scope of damage to the warehouse, the method of appropriate recovery of damage, the construction year of the warehouse, and the said estimate.