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(영문) 청주지방법원 제천지원 2018.01.24 2017가단1307
손해배상(국)
Text

1. The Defendant’s KRW 11,83,055 as well as the Plaintiff’s annual rate from April 1, 2016 to January 24, 2018, and the following.

Reasons

1. Basic facts

A. Around April 1, 2016, the Defendant, who is engaged in agriculture, was unable to cut the grass in the dry field, hearing the horses in the dry field located in Chungcheongnam-gun B, Chungcheongnamyang-gun, the Defendant owned, with a view to getting out of the dry field, and cutting down the grass in the dry field.

B. At the time, weather was dried and around, and in such cases, there was a duty of care to take preventive measures to prevent the outbreak of forest fires so as to anticipate the risk of forest fires by the wind in a mountain, or to prevent weather from spreading wind.

C. Nevertheless, without taking such preventive measures, the Defendant committed a total of 20 years-old forest, such as 4.9h and 8.8h of land owned by the Plaintiff (hereinafter “instant land”) owned by Chungcheongnam-gun, Chungcheongnam-gun, and Mayang-gun, with the winding around a knish pool with fire attached to a knish pool owned by the Defendant, without taking such measures.

(hereinafter “instant fire”). D.

The value of trees in the instant land is KRW 41,107,110,00.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Defendant, as the cause of the claim, caused a fire by negligence, could not be used as a result of withering the amount equivalent to KRW 41,107,110 on the land of this case, which is owned by the Plaintiff.

The Defendant deposited KRW 8,720,500 to the Plaintiff for the partial repayment of the damages, and received it by the Plaintiff.

Therefore, the Defendant, the victim, is obligated to pay damages to the Plaintiff as the victim (i.e., KRW 41,10 (i.e., KRW 41,10), KRW 8,720,50) and delay damages.

B. According to the facts acknowledged in the above 1.1 liability for damages, the Defendant, the victim, is liable to compensate the Plaintiff for the damages caused by the instant fire, barring any special circumstance.

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