Plaintiff (Law Firm LLC, Attorneys Jeong Jong-hee et al., Counsel for the plaintiff-appellant)

Korea Rail Network Authority (Law Firm Han-ro, Attorneys Song-Gyeong et al., Counsel for defendant-appellant)

June 11, 2012

Jeonju District Court Decision 2010Guhap372 Decided February 14, 2012

1. The plaintiff's appeal is dismissed.

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

1. Purport of claim

The defendant shall pay to the plaintiff 3,08,435,600 won with 5% interest per annum from February 10, 2010 to the service date of a copy of the complaint of this case, and 20% interest per annum from the next day to the day of complete payment.

2. Purport of appeal

The part of the lower judgment against the Plaintiff that orders payment under the following shall be revoked. The Defendant shall pay to the Plaintiff 1,071,865,000 won with 5% per annum from February 10, 2010 to the service date of a copy of the instant complaint, and 20% per annum from the next day to the day of complete payment.

1. Quotation of the first instance judgment

The reasoning for the court's explanation on this case is as follows: "The final expiration of February 2, 2009," in Section 9 of Section 9 of the first instance court's decision, "In addition to adding "in accordance with Article 25-2 (1) 1 of the Mountainous Districts Management Act and Article 32-2 (1) 2 (a) of the former Enforcement Decree of the Mountainous Districts Management Act (wholly amended by Presidential Decree No. 21427, Apr. 20, 2009; hereinafter "Enforcement Decree"), it is prohibited to grant permission to collect earth and stones on mountainous districts within 100 meters from high-speed railroads," and therefore, it is identical to the entry in the corresponding column for the reasons for the first instance judgment, and it is cited as it is in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Conclusion

Therefore, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

Judges Kim Jong-dae (Presiding Judge)