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(영문) 청주지방법원제천지원 2014.07.16 2013가단2494
손해배상(기)
Text

1. The defendant shall pay 100,000,000 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Occurrence of liability for damages;

A. On March 15, 2007, the Defendant leased the land C, D, or E from the Plaintiff, the owner of the said land, and agreed to cultivate the ginseng. Of the above land, the Defendant’s remaining land (hereinafter “the ginseng field of this case”) is the ginseng field of the remaining land (hereinafter “the ginseng field of this case”).

(2) On September 22, 2012, the Plaintiff’s use for ginseng cultivation and agreed to harvest ginseng for each of its own cultivation areas and to have the price therefor. (2) However, on September 22, 2012, the Plaintiff stolen the Plaintiff’s ginseng by using a groding ginseng, as it was apprehended that the Defendant was unable to receive the money previously lent to the Plaintiff, due to the defect in the petition of bankruptcy around September 2012.

3) The Plaintiff filed a complaint with the investigative agency on the theft of the ginseng owned by the Defendant. Ultimately, the Defendant was charged with the charge that “the Defendant stolen the amount equivalent to KRW 27 million at the market price of the ginseng owned by the Plaintiff” at the Cheongju District Court Seocheon District Court (No. 2013No. 419 of the same court). On July 25, 2013, the said court accepted all the above criminal facts and sentenced the Defendant to an order to provide community service for eight months, suspension of execution of two years, and 135 hours. [In the absence of any dispute over the grounds for recognition, evidence No. 5-1 through 3, evidence No. 5-3, evidence No. 5, evidence No. 7, evidence No. 8-1 through No. 5, the purport of the entire pleadings, and the purport of the entire pleadings.

B. According to the above facts, since the defendant intentionally stolen the ginseng cultivated by the plaintiff in the ginseng dry field of this case, the plaintiff is liable to compensate the plaintiff for damages caused by the defendant's tort.

2. Scope of liability for damages

A. The summary of the Plaintiff’s assertion 1 is that the Defendant, from September 22, 2012, the Defendant stolen the Plaintiff’s ginseng, the entire ginseng, which was buried in the instant ginseng field from H on September 2, 2012, and from I on September 10, 2012, is KRW 10,000,00, in one column.

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