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Reasons
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(영문) 창원지방법원 밀양지원 2018.04.25 2017가단10314
손해배상(기)
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1. The Defendant’s KRW 22,512,365 as well as the Plaintiff’s annual rate of KRW 5% from September 11, 2016 to April 25, 2018.

Reasons

1. In full view of the purport of evidence Nos. 1 through 4, evidence Nos. 4, and evidence Nos. 4 (including branch numbers) and the whole pleadings, the Defendant may recognize the fact that the Plaintiff’s house was damaged on September 11, 2016, and thus, the Defendant is liable to compensate the Plaintiff for damages caused by the tort.

2. Scope of tort liability

A. 1) Damage to the Plaintiff’s house due to the Plaintiff’s assertion fire, which is difficult for the Plaintiff to live in the Plaintiff’s house by restoring the Plaintiff’s house as much as possible due to the Plaintiff’s mental shock, and thus, the Plaintiff’s house should be removed and newly constructed. Therefore, in a case where a building is damaged due to a tort, it shall be deemed that the cost of repair would normally be the cost of repair if possible, and in a case where the cost of repair required for restoring the building to its original state is in excess of the exchange value of the building as the building was worn out at the time of damage, the amount of damage should be limited to the exchange value of the building, and in a case where the exchange value of the building increases more than before the damage due to the repair, the amount calculated by deducting the exchange value from the repair cost.

(See Supreme Court Decision 98Da22048 delivered on September 8, 1998, etc.). However, in full view of the appraisal results and the overall purport of pleadings by appraiser C, the value of the Plaintiff’s house at the time of tort is KRW 99,443,657, and the Plaintiff’s house can be repaired or restored and it is possible to repair or restore the house, and the amount calculated by deducting the amount of increase in economic value from the cost of restoration to its original state is 7,282,458.

According to the above facts, the amount of damages incurred by the Plaintiff’s house being damaged by fire is KRW 77,282,458.

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