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(영문) 춘천지방법원 영월지원 2018.07.11 2017가단11600

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “C”) purchased trees on the ground from E, the owner of Gangwon-gun D Forest land 1,823,777 square meters (hereinafter “instant land”) in Gangwon-gun, and entered into a supply contract with the Plaintiff on August 6, 2015, on which the Plaintiff purchased trees on the ground of the instant land and cut them, and supply them to C, among which the Plaintiff purchased active trees and supply them to C.

B. From August 2015, the Plaintiff was engaged in felling trees on the ground of the instant land from around August 2015 under the supply contract, and the Defendant was in charge of carrying trees loaded on the soil surface of the instant land on the transport vehicle.

C. From June 2016 to July 27, 2016, the market price of 10 tons of timber for wood purposes is approximately KRW 1,500,000, and the Defendant arbitrarily removed the timber for wood purposes equivalent to KRW 2,500,000 in total market price on seven occasions in total, as indicated below, from June 2016 to July 27, 2016:

On June 2016, the market value of temporary items 1 ton of pine trees 1 ton truck of 100,00 per ton of pine trees 100,000 for first time on June 2016, 201, the quantity of 10 ton truck of 10 tons of pine 10 ton (GMC) for 1,000,000 for first time around June 2016, 10 ton of 10 ton of pine 10 ton (GMC) for first time on July 2016, 200 ton of 10 ton of pine 100,000 ton of 10 ton of pine 10 ton (c) for first time on July 2016, 200 ton of 10 ton of pine 10 ton (10 ton of pine 20 to 10 ton of 10 to 10 ton of 10 to 7:10 ton of 10 ton.

D. Meanwhile, the Defendant filed a lawsuit against the Plaintiff on the claim for service payment against the Plaintiff. On March 8, 2017, the Plaintiff paid KRW 15,00,000 to the Defendant by April 30, 2017. If the Defendant did not pay the said money by the payment date, the amount to be paid shall be increased to KRW 20,854,00,000, which is the amount stated in the Plaintiff’s written claim in the Plaintiff’s complaint, and the unpaid amount shall be increased to KRW 20,854,00,00, which is the amount stated in the Plaintiff’s complaint.