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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff is the owner of the standard tree 1glu (hereinafter “instant standard tree”), which is planted in G in the permanent residence of North Korea, and the Defendant is the person who installed and managed the Defendant’s father’s graves on the adjoining land.
B. On September 2016, the Defendant: (a) caused the instant standard tree to die at the lower end of the tree due to the Defendant’s father’s death on the ground that the instant standard tree had its father increased; and (b) caused the instant standard tree to die.
C. The Plaintiff filed a complaint against the Defendant, and on September 18, 2018, the Defendant was sentenced to a fine of KRW 1,500,000 as a crime of property damage in the Daegu District Court’s Ansan Branch Branch.
[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 7, purport of the whole pleadings
2. Determination as to the cause of action
A. According to the above fact of recognition of damages liability, the defendant arbitrarily damaged the standard tree of this case and caused the death of the deceased, thereby causing damage to the plaintiff who is the owner. Thus, the defendant is liable to compensate the damages suffered by the plaintiff.
B. 1) In general, damages caused by tort of the standard tree of this case are ordinarily limited to the market price at the time of loss when the article was destroyed; where the article was damaged, the expenses for repairing or restoring the article to its original state if it is possible to repair or restore it to its original state; or where it is impossible to repair or restore it to its original state, or where the expenses are excessive, the part reduced in exchange
(See Supreme Court Decision 95Da38233 delivered on January 23, 1996). In a case where a tree was damaged and killed as a result of the destruction of trees, barring any special circumstance, such as that the cost of planting goes beyond the generally acceptable scope, the ordinary amount of damage caused by the destruction of trees is equivalent to the exchange value of trees.