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1. The Defendant shall pay to the Plaintiff KRW 36,211,050 and the interest rate of KRW 15% per annum from June 13, 2014 to the day of complete payment.
Reasons
1. Basic facts
A. On January 2014, the Plaintiff entered into a contract with the Defendant with the content that the Defendant shall obtain a permit to cut standing timber on ten parcels of forest land, including Jincheon-gun C, Jincheon-gun, etc. (hereinafter “instant forest”) and entrust the Plaintiff with the work of cutting trees and transfer the ownership of standing timber on the said forest ground to the Plaintiff. The Plaintiff shall pay KRW 13,500,000 (= KRW 13,500 per one year (= KRW 1,350,000 per one year) to the Defendant.
(hereinafter “instant contract”). (b)
Around January 14, 2014, the Defendant leased the instant forest from D, the owner of the instant forest, and received a letter of delegation from D for felling trees in the instant forest, and then obtained a permit for felling trees from the competent authority. The Plaintiff paid KRW 13,500,000 in total to the Defendant on January 23, 2014, and January 24, 2014.
C. From January 23, 2014 to February 7, 2014, the Plaintiff completed a logging work with respect to the amount equivalent to 6th of the instant forest land. The Plaintiff was unable to complete the logging due to D’s objection, which is the owner of the instant forest land, and only two large volume of truck among the standing timber that completed the logging (al.e., approximately KRW 5,600,000) and sold the remainder.
D The Defendant filed a complaint against the Defendant with the purport that he was subjected to a lease agreement or delegation of felling standing timber as above. The Suwon District Court had no intention or ability to operate a fraternity in the forest of this case at the time of the conclusion of the said lease agreement, and there was no intention or ability to pay lease deposit, rent, etc. in fact. In fact, it was necessary for the competent administrative agency to permit the felling of standing timber in the forest of this case for the purpose of selling the forest of this case and acquiring profits therefrom, and intended to obtain an advance mandate for the forest of this case from D. However, the forest of this case is normally normal from D.