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(영문) 의정부지방법원 2017.05.02 2016나56886
손해배상(기)
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasons for the court's explanation concerning this case are as follows. The plaintiff's assertion that the plaintiff emphasizes or added in the trial of the court of first instance is identical to the part of the reasons for the judgment of the court of first instance, and thus, it shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act, as it is, pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The defendant's assertion that ① in nine parcels of land owned by AS, the land was punished through an agreement with AS, and the remaining areas were punished in accordance with the direction of AU after obtaining the permission of AU, which was a person in charge of the Korea Water Resources Corporation, and ② cannot be deemed to have been specified in the area of the penalty without permission or the trees without permission, which is proved by the plaintiff (in part of the punishment areas claimed by the plaintiff, the defendant did not own the punishment itself, and the other parts did not change in the situation of trees at the beginning or before and after the punishment). In the related criminal judgment, the compensation amount cannot be deemed to have been proved only by the criminal judgment, such as that the application for the compensation order was rejected for the reason that the scope of the liability for damages is unclear. ③ The defendant's restoration to the original state, and ④ the defendant's removal of the punishment area should have been borne by the plaintiff through the defendant's punishment, and thus, the plaintiff cannot be deemed to have paid damages to the plaintiff in accordance with the defendant's 201.

(b)in a judgment in a civil trial, even if it is not bound by the facts recognized in a criminal trial, the judgment in the final and conclusive criminal case.

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