손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasoning for the court’s explanation on this part of the underlying facts is as follows: “A evidence 23-1, 2-2” is added to the grounds for recognition; “However, the Plaintiff was transferred to the Defendant on May 11, 201 from Chungcheong Chemical Co., Ltd. with all of the claims for damages related to the mining right of this case” in the last part of 3-12 of the judgment of the first instance. The Plaintiff notified the Defendant around that time.
In addition, "in addition, it is the same as the statement of reasons for the judgment of the court of first instance other than the addition of "in addition, it is cited in accordance with the main sentence of Article 420 of
2. The plaintiff's claim and judgment
A. The summary of the cause of the claim is that the Defendant is obligated to pay to the Plaintiff the full amount of damages sustained by the Plaintiff on the grounds as set forth in the following claims I through III (=69,600,000 won 669,600,000 won) and damages for delay.
(1) Inasmuch as the Plaintiff could not mine minerals without the Defendant’s permission within 50 meters above the surface of the road established by the instant construction project, the Defendant is obligated to take a disposition reducing the mining area and compensate the Plaintiff for losses. However, the Plaintiff’s rejection of compensation without the reduction of the mining area constitutes a tort. Accordingly, the Plaintiff is obliged to compensate for KRW 438,60,000, which is the amount of damages suffered by the Plaintiff.
B. The Plaintiff, while performing the instant construction, was unable to pass through the mining area of the instant mining right on the wind to block the access road of the instant case. Accordingly, the Plaintiff could no longer use the mining right of the instant case since it was no longer possible to continue mining operations being resumed from May 15, 2008. As such, the Defendant shall compensate for damages of KRW 669,600,000 for the loss of the Plaintiff’s mining right.
(Calculation of the amount of damages for loss of a mining right shall be calculated except for the portion of the restriction on the mining right corresponding to the argument I).