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(영문) 대구지방법원경주지원 2019.01.15 2016가단13874

손해배상(기)

Text

1. Defendant B’s KRW 34,046,372 as well as 5% per annum from June 21, 2016 to January 15, 2019, respectively, to the Plaintiff.

Reasons

Facts of recognition

The following facts may be recognized, either in dispute between the parties or in full view of the respective entries in Gap evidence Nos. 1, 3, 5, and Eul evidence No. 4 (including paper numbers) and the whole purport of oral arguments:

The Plaintiff is the owner of 27,022 square meters of forest E in racing-si (hereinafter referred to as “instant land”).

B. On February 2015, Defendant B cut approximately 100gs of pine trees owned by the Plaintiff on the instant land as electric saws.

C. As above, Defendant B was sentenced to a summary order of KRW 2,00,000 on February 17, 2016 from the Daegu District Court racing support for the crime of destroying approximately 100gs of trees owned by the Plaintiff.

(2015 Highest 3292) The above summary order was finalized as it is.

2. Determination as to the plaintiff's claim against the defendant B

A. According to the facts of recognition as above, Defendant B is liable to compensate for damages sustained by the Plaintiff due to the tort that destroyed approximately 100 galls of pine trees owned by the Plaintiff.

B. Comprehensively taking account of the respective descriptions of evidence Nos. 6 and 7 and the purport of the entire pleadings, the value of 2 gye, damaged by Defendant B, can be recognized as 11,80,000 won (=5,900,000 won x 2 x 484,372 won (=242,186 x 2 x 2), and the value of 100 gye (i.e., 15,000 won x 150 x 100 g 100 g 100). The value of 6,762,100 won (i.e., 67,621 x 100 x 10 g) equivalent to the publicly notified price of gyef for planting expenses of pine trees (i.e., 67,621 x 100 g).

Therefore, Defendant B, within the scope of 34,046,472 won (i.e., 11,800,000 won 484,372 won 15,000,762,100 won) of the value of pine B 2 gys, its planting expenses, 100 gys, and its planting expenses (i.e., 11,80,000 won 6,762,100 won), brought by the Plaintiff for the payment of KRW 34,046,372 on the following day after the delivery of a copy of a complaint against Defendant B from June 21, 2016 to January 15, 2019, which is the date of this judgment, shall be 5% per annum as stipulated in the Civil Act, and the next day to the day of complete payment.

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