손해배상(기)
1. The Defendant’s KRW 2,038,40, and the Plaintiff’s annual rate of KRW 5% from September 21, 2013 to September 21, 2016.
1. Facts of recognition;
A. C acquires land D and E (hereinafter “instant land”) at auction around 2007. Around 2007, the Defendant is delegated the management of the instant land by C. The Plaintiff is the owner of approximately 1,000 pact trees planted on the instant land.
B. Around September 21, 2013, the Defendant and C jointly destroyed and damaged approximately 26 weeks, approximately 23 years old, among the 26-year-old pine trees owned by the Plaintiff, which were planted on the instant land.
C. The Defendant received a summary order of KRW 3 million on the ground that he/she committed the crime of causing property damage, and applied for formal trial with a fine of KRW 200,000,000,000 and was sentenced to a fine of KRW 3 million with the Suwon District Court 2014Da4777. Accordingly, upon appeal by the Defendant, the Defendant was sentenced to a fine of KRW 1.5 million on May 18, 2016 and the said judgment became final and conclusive as is.
The price per share of the two pine trees around September 2013 is 78,400 won.
[Grounds for Recognition] Unsatisfy, entry of each part of Gap 1 and 2 (including each number), appraiser F's market price appraisal result, the purport of the whole pleadings
2. The assertion and judgment
A. According to the facts of recognition as above, the defendant intentionally destroyed 26 b6 boom trees owned by the plaintiff, and the defendant suffered damages by the plaintiff due to the above illegal acts, and the defendant is liable to compensate the plaintiff for damages caused by 26 b6 chill trees.
B. It is reasonable to deem that the Plaintiff’s damage caused by the above tort by the Defendant is the market price at the time when the Defendant cut down the two pine trees owned by the Plaintiff. As seen earlier, the fact that the per share price of the Plaintiff’s two pine trees owned by the Defendant around September 2013, 2013, was 78,400 as seen earlier. As such, the Defendant is liable to compensate the Plaintiff for damages amounting to KRW 2,038,400 (=78,400 + 26 weeks).
C. Accordingly, according to the theory of lawsuit, the defendant is limited to 2,038,400 won for damages to the plaintiff.