beta
Text
1.(a)
Attached Form
As to the accident described in the list, the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff).
Reasons
1. According to the fact that there is no dispute over liability for damages, an accident listed in the separate sheet (hereinafter “instant accident”) on March 4, 2016 is acknowledged as having occurred, and as a result, an inside of a vinyl house owned by the Defendant was damaged by wild flowers and subdivision (hereinafter “instant wild flowers, etc.”).
Therefore, the Plaintiff is obligated to pay the Defendant damages equivalent to the value depreciation of wild flowers, etc. of this case as compensation for tort.
2. Scope of damages.
A. According to Article 202-2 of the Civil Procedure Act, if it is recognized 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 a reasonable amount as damages by taking into account all the circumstances recognized by the purport of the entire pleadings and the result of the examination
B. In full view of the following circumstances, the Plaintiff’s damages amount is determined at KRW 12 million, in full view of the following circumstances acknowledged by adding up the purport of the entire pleadings as a result of the fact-finding conducted by the Korea Trees Evaluation Institute in this Court, the images of Eul evidence 11 to 41, and the appraiser C’s appraisal result.
Therefore, the Plaintiff is obligated to pay to the Defendant the damages amounting to KRW 12 million and the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from March 4, 2016, which is the date of the instant accident, to September 21, 2017, which is the date of the rendering of a substantial judgment, to September 21, 2017, and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the next day to the date of full payment. The Plaintiff’s damages liability to the Defendant regarding the instant accident does not exist in excess of the above amount of recognition.
(1) The plaintiff and the defendant submitted data concerning the calculation of the value or value depreciation of wild flowers, etc. of each of the parties to this case, but form the basis for calculation.