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(영문) 인천지방법원 2018.09.20 2018가단215663
손해배상(기)
Text

1. The Defendant shall pay KRW 37,730,00 to the Plaintiff the annual rate of KRW 15% from November 10, 2017 to the date of full payment.

Reasons

1. The parties' assertion

A. After renting land from the Plaintiff, the Defendant destroyed the forest without the Plaintiff’s consent.

The plaintiff was ordered to restore to its original state by the competent authority, and paid 37,730,000 won to its original state, and the defendant is liable to compensate for damages incurred therefrom.

B. At the time of the lease by the Defendant, trees had already been cut, and cut and suspended work was completed, and only the neglected trees were cut and the vicinity thereof was cut up in a flat manner.

On April 21, 2017, C leased the land from the Plaintiff with the introduction of the Defendant, and then used the waste asphalt package work.

The plaintiff and C should be responsible for actual illegal acts.

2. Facts of recognition;

A. On April 2017, the Plaintiff leased the forest land located in Seo-gu, Seo-gu, Incheon, E, and F to the Defendant.

B. On May 12, 2017, the Seo-gu Incheon Metropolitan City Office accused the Plaintiff and the Defendant on the grounds that “the access road to the forests and fields owned by the Republic of Korea (hereinafter “the instant forest”) was installed, illegally cut off, packaged, and packed them into waste aggregates and waste asphalts, and violated the Management of Mountainous Districts Act and Creation and Management of Forest Resources Act by cutting the forest trees within the instant forest without permission.” (2) On August 31, 2017, the Plaintiff was issued a disposition that was not suspected of having no suspicion on the grounds that “the Plaintiff was in the status of a lessor of the land against the Defendant, and there was no special subordinate relationship with the Defendant,” from the Incheon District Prosecutors’ Office on August 31, 2017. In view of the content of the Defendant’s statement that the Plaintiff was not directly involved in the development activities, etc., on the grounds that the Plaintiff did not have any responsibility for negligence in the management of the Plaintiff’s

3 The defendant was indicted for violation of the Mountainous Districts Management Act and received a summary order of a fine of three million won from the Incheon District Court, but the defendant filed a request for formal trial by 2017 High Court Decision 2759.

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