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(영문) 인천지방법원부천지원 2017.05.17 2016가합101456

손해배상(기)

Text

1. The Defendant shall pay to the Plaintiff KRW 399,565,100 and the interest rate of KRW 15% per annum from December 13, 2016 to the date of full payment.

Reasons

1. Indication of claim;

A. A. Around February 2013, the Plaintiff purchased the purchase price of KRW 30,000 in the purchase price of KRW 310,000,00, as well as KRW 30,000, which was planted on the land of Pyeongtaek-gun, Gangwon-do, and E Forest (hereinafter “instant forest”) and its ground.

Commission item: 30,000 forest trees in the instant case

1. The defendant shall sell trees in the forest of this case and use land purchase funds.

2. The defendant shall purchase land with the sale proceeds of 10,000 head trees.

(I) without objection to the decision of the plaintiff, and with respect to remaining trees 20,000 shares, shares shall be held.

(Provided, That the defendant shall be liable to the plaintiff for civil and criminal liability in the event that the plaintiff causes fraudulent and damage, and all contracts shall be rescinded) / [Matters entered into with special agreement]

1. All tree sales shall be notified to the Plaintiff and sold and work with the Plaintiff’s approval.

2. The defendant shall identify the quantity of trees supplied and notify the manager in charge of the unit price of trees and personal information thereof and keep records thereon.

B. On April 8, 2013, the Plaintiff entered into an agreement with the Defendant regarding the distribution of profits from the consignment sale of lottery trees planted in the instant forest.

C. The Defendant, in violation of the instant agreement, destroyed 18,84 square meters among the instant forest land from April 2013 to October 2013 without the Plaintiff’s permission, thereby smelling 4,940 parts of the instant forest land without permission, thereby causing damage equivalent to KRW 39,565,100 to the Plaintiff.

Therefore, the Defendant is obligated to pay the Plaintiff damages amounting to KRW 399,565,100 and damages for delay calculated at the rate of 15% per annum from December 13, 2016 to the date of full payment, which is the day following the day when a copy of the instant complaint was served on the Defendant.

2. Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment on whether to be deemed as a foreigner);