logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.11.15 2016가단25225
손해배상(기) 및 공사대금반환
Text

1. The Defendant’s KRW 12,853,00 for the Plaintiff and KRW 5% per annum from August 31, 2016 to November 15, 2017.

Reasons

1. Facts of recognition;

A. On December 2013, the Plaintiff’s dong C entrusted the lease of Da, E, F, G, and H land owned by the Korea Rural Community Corporation to the Korea Rural Community Corporation. From that time, the Plaintiff leased the said land from the Korea Rural Community Corporation.

B. Around 2015, the Plaintiff intended to cultivate ginseng on the land E, F, G, and H (hereinafter “instant land”) among the above land, and obtained consent from C, a landowner, from the landowner, to cultivate ginseng on an individual basis.

C. The Plaintiff, first of all, was planting ginseng on the land E and F, and was managing it from the beginning of 2015, and at the same time, at dry field, etc.

On December 2, 2015, the Plaintiff notified the Defendant that he would cultivate ginseng in the instant land and requested the Defendant to rescue and flat up the living soil necessary therefor. Upon the Defendant’s consent, the Plaintiff made an oral agreement for approximately 200 price of raw soil per 15 tons of 38,000 won per unit of 15 tons of dump truck (the soil value is KRW 30,000, the remainder is the ordinary work cost, and the horizontal work cost is the ordinary work cost).

E. In accordance with the above agreement, around January 2016, the Defendant transferred approximately 200 price to the land of this case with soil from the IJ at the site of the construction of the adjacent water plant at around 2016 by the Defendant, and then performed ordinary work by using Macles and Bredozers, which the Defendant participated.

As such, the entire process was entirely entrusted to the Defendant, and the Plaintiff did not contact with the soil seller until the following issues were left. Moreover, the Plaintiff did not know who the soil seller was.

F. However, around April 2016, the Plaintiff was inspected at the mid-gu Office of the Korea Ginseng Corporation in order to cultivate ginseng in the land E and F among the instant land in 2017. As a result, heavy metals, such as cadmium and cadmium, are excessive and inappropriate.

arrow