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(영문) 전주지방법원 2015.12.02 2014가합2081
채무부존재확인
Text

1. A fire that occurred on May 24, 2013 from the Plaintiff (Counterclaim Defendant) to the Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) C around 12:11, 201.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On January 13, 2009, the Defendant leased a 3,207 square meters of the rice paddy-gun, Gun, and Do-gun (hereinafter “instant land”) from D and planted one-year pine trees on the ground of 2,695 square meters (1,886 square meters in consideration of approximately 815 square meters, drain pipes, etc.) among them.

B. On May 24, 2013, around 12:11, the Plaintiff was unable to extinguish waste vinyl, etc. in the Jeonju-Gun Edry field near the instant land, and there was a fire that is stuck down to pine trees of the instant land (hereinafter “instant fire”).

C. The above fire destroyed part of the five-year pine trees owned by the Defendant (hereinafter “instant pine trees”).

[Ground of recognition] Unsatisfy, Gap evidence 2, 4, 7, Eul evidence 1 to 8, Eul evidence 10 (including all branch numbers), each of the film and video, appraiser F's appraisal result, the purport of the whole pleadings

2. Determination

A. According to the facts of the recognition of the liability for damages, the Plaintiff caused the instant fire due to negligence, which neglected the duty of care to avoid moving the fire to another place in a dysy field near the instant land, and caused the fire to be destroyed by the Defendant’s fire. This part of the instant pine trees was destroyed by the fire.

As such, the plaintiff is liable for damages caused by the above illegal act to the defendant.

B. The summary of one party’s claim within the scope of liability for damages is that the Plaintiff destroyed the instant pine trees 2,000, and the price per the instant pine tree was 1,000 won due to the instant fire, and thus, the Defendant’s damage did not exceed 3 million won due to a large amount of damage. The Defendant asserted that the instant pine trees 50,000 dust was destroyed due to the instant fire, and the price per the same was 29,700 won, and thus, the Defendant’s damage was 148,50,000 won at the fourth day of pleading, and thus, the Defendant’s damage was 148,50,000 won at the instant fourth day of pleading.

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