1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

The defendant.

Facts of recognition

The Defendant is the owner of a vinyl house located in Songpa-gu Seoul Metropolitan Government (hereinafter referred to as “the vinyl house of this case”).

On November 2014, the Plaintiff leased the instant vinyl from the Defendant and installed a breeding facility therein, and raised and produced animals, such as 350 pins, for experimental purposes.

On May 19, 2015, the Defendant opened food above the gas siren in the instant vinyl house at the low time.

A fire occurred in the middle part of the floor of a plastic house at around 23:30 on the same day.

As a result of the joint investigation by related agencies, such as the power wave fire station, etc. extinguishing the instant fire, the Defendant presumed that the Defendant’s instant vinyl was able to turn on gas sirens within the instant vinyl house and to have dried food, and the animal vapors generated from the food due to an excessive heat, to have been adhered to the flame of gas sirens.

The fire of this case destroyed livestock breeding facilities, such as Saturdays and mos, owned by the plaintiff within the greenhouse of this case.

[Grounds for recognition] The Plaintiff’s assertion of the purport of Gap’s evidence Nos. 3, 5, and 9, as a whole, has lost a breeding facility equivalent to KRW 280 Mada, 14,000,000 due to the instant fire, and thereby has sustained loss of income exceeding KRW 11,00,000 for eight months since the fire occurred.

The Defendant is liable to compensate the Plaintiff for damages amounting to KRW 34,00,000 (= KRW 14,000,000) incurred by the Plaintiff from a fire (= KRW 11,00,000).

However, according to the above facts acknowledged, it is reasonable to deem 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.

As seen earlier, the Plaintiff’s mos raised and breeding facilities were destroyed by the instant fire, but the Plaintiff was in a vinyl house at the time of the fire.