손해배상(기)
1. The Defendant (Counterclaim Plaintiff) paid KRW 15,868,969 to the Plaintiff (Counterclaim Defendant) and its amount from February 1, 2015 to August 25, 2017.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On January 2005, the Defendant leased each of the instant forests to F Co., Ltd., without a deposit, KRW 1,324 square meters of C forest land, KRW 91 square meters of D forest land, KRW 991 square meters of forest land E, KRW 662/306 of each of the instant forests (hereinafter “each of the instant forests”) and KRW 2 million of each of the instant forests to F Co., Ltd.
B. The Plaintiff, who was engaged in a tree cultivation business, agreed that the Plaintiff planted trees in each forest of this case with the permission of the FFF corporation from around 2005 to 2006, and leased the forest of this case with the Defendant and each forest of this case at KRW 2 million per annum from 2008 without a deposit.
(hereinafter “instant lease agreement”). C.
Meanwhile, on the other hand, under the name of F Co., Ltd. on March 9, 2007, KRW 2 million, 2 million in the name of G on June 5, 2008, KRW 2 million in the name of H Co., Ltd. on May 15, 2009, KRW 2 million in the name of H Co., Ltd. on June 8, 201, and KRW 2 million in the name of H Co., Ltd. on April 13, 201, were remitted to the Defendant under the annual rent for each of the instant forests.
On November 24, 2014, the Defendant sent to the Plaintiff a letter of intent to terminate the instant lease agreement on the grounds of the delinquency of rent in installments in 2012 and 2013, and a mail proving the content of the instant lease agreement, including the removal of planted trees, etc. in each forest of this case and the delivery of each forest of this case. The Plaintiff received it around that time.
E. Nevertheless, as the Plaintiff did not restore each of the instant forests to its original state, the Defendant, on January 2015, ordered K of the J clan to bring 8 glus of pine trees planted in each of the instant forests and fields owned by the Defendant (hereinafter “each of the instant pine trees”) to a mountain village owned by the J clan in Hanam-si L.
F. The Plaintiff was indicted for causing property damage to each of the instant pine trees and was sentenced to a fine of KRW 5 million.
(Seoul Eastern District Court 2016No660). [Grounds for Recognition] did not dispute, Gap evidence Nos. 1, 4, 5, 7, 9, 13, Eul evidence Nos. 1, 2 and 3.