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1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The costs of appeal shall be all assessed against the principal lawsuit and counterclaim.
Reasons
1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as the ground of the judgment of the court of first instance, except for the following “the second order”, and thus, it is acceptable as it is in accordance with the main sentence
2. The height of the judgment of the court of first instance is as follows from the fourth to the tenth.
【2) Next, as to the assertion that the Plaintiff arbitrarily cut part of the trees owned by the Defendant, the Plaintiff cut 10 pieces of trees owned by the Defendant on the ground, such as the instant land, without permission. The Plaintiff is liable to compensate the Defendant for damages caused by the said tort.
On the other hand, when calculating consolation money, the court shall determine the amount by taking into account the overall circumstances of the victim and the perpetrator. Thus, whether the victim can be compensated for damages incurred to the property caused by the accident in question from the perpetrator, and the reasons such as the amount of compensation, such as the case, are not only the reasons for calculating consolation money.
In addition, if it is impossible to determine the amount of damages due to lack of proof, etc. even if the occurrence of property damage is recognized, and it is impossible to receive compensation, such circumstance may be considered as the ground for increase in consolation money.
(See Supreme Court Decision 2017Da229536 Decided April 12, 2018 (see, e.g., Supreme Court Decision 2017Da229536, Apr. 12, 2018). Since there is no evidence to determine the amount of property damage incurred to the Plaintiff as a result of felling the said trees without permission, the Defendant was unable to receive compensation for property damage from the Plaintiff. In full view of all the circumstances revealed in the pleadings, such as the form of the instant tort, including such circumstance, and the motive and circumstance during which the Plaintiff cut the said trees, it is reasonable to determine consolation money to the Defendant as one million won.
The defendant is after the date of the closing of argument in the trial.