A. Upon the Defendant’s application, Gohap-gun performed a project for the afforestation of economic trees (hereinafter “instant project”) within 50,579 square meters of forests and fields E, Gohap-gun, Dongcheon-gun (hereinafter “instant forest”) owned by C and D, and Gohap-gun entered into a contract with the Plaintiff on March 18, 2014 for the implementation of the instant project.

B. In order to carry out the instant project, some of the trees planted in the instant forest were to be cut. Accordingly, on April 2, 2014, the Plaintiff and the Defendant were to bear the expenses incurred in felling, removing, and disposing of the trees, and the Plaintiff entered into a standard trade contract on forest products (timber) with the purport that the Defendant would provide the Plaintiff with the tree tree free of charge.

(C) On April 4, 2014, the Plaintiff entered into a contract with the Gohap-gun Forestry Cooperatives (hereinafter “the first contract”). On the other hand, the Plaintiff and the Gohap-gun Forestry Cooperatives shall bear the expenses incurred in felling, removing, and disposing of trees; however, in return, the Plaintiff entered into a contract with the Gohap-gun Forestry Cooperatives (hereinafter “the second contract”).

On October 15, 2014, the Defendant alleged that the Plaintiff cut large and high-quality trees in the instant forest in violation of the first contract, and prevented the Plaintiff from taking out the trees on the Plaintiff’s side by blocking the front of the vehicle out of the instant forest by using the drain pipe, etc.

As a result, the Defendant was prosecuted as a result of the crime of interference with business, and on October 7, 2015, the first instance court found the above criminal facts guilty and sentenced to a fine of one million won (this court 2015 High Court 2015 High Court 30), and the above judgment became final and conclusive by withdrawing the appeal after the Defendant appealed the above judgment.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, and 4 and images, witness F's testimony, the purport of the whole pleadings

2. Determination

A. In full view of the following facts and circumstances acknowledged by the evidence adopted prior to the occurrence of liability for damages, the Defendant raises objection.