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(영문) 서울북부지방법원 2018.03.13 2016가단15119
손해배상금
Text

1. Defendant B’s KRW 23,183,300 as well as 5% per annum from January 28, 2016 to December 5, 2016, respectively, to the Plaintiff.

Reasons

1. Claim against the defendant B

A. Defendant B asserted that it had a claim against the Plaintiff, and that Defendant B had been cultivated in the greenhouse facilities on the ground of Jeonju-gun C, an agricultural product owned by the Plaintiff, the Jeonju District Court 2015Kadan3768, filed an application for provisional seizure of corporeal movables on January 21, 2016 and executed the provisional seizure on January 21, 2016.

However, even though Defendant B opened a plastic house at an appropriate time and did not take any measures to deliver it, there was a disease such as lebrus, and there was a significant decline in the value of the goods.

3) In the case of the above vinyl, approximately 500, the amount of ordinary harvestable volume was approximately KRW 37,000,000 (=500 x 7500 won) from the first group of the goods at the time, which was 350,000 won (i.e., 5,000 x 7500 won) but the above 3200 scam disease was harvested from the above scam, and the sale of the above scam was 14,316,70 won after the sale of the above scam, and thus, 23,183,300, the difference was 23,183,300 won, which was 14,316,70 won, and damages for delay therefrom, are the losses suffered by the Plaintiff due to the instant tort.

(b) Applicable provisions of Acts: Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act;

2. Claim against Defendant Republic of Korea

A. The subject matter of the provisional attachment of the Plaintiff’s assertion is the new line agricultural products that have experience in cultivation and management, and is obliged to prevent the occurrence of damages.

Nevertheless, the enforcement officer designated the defendant B as the custodian without any confirmation, who is the creditor of the right to grow and manage the spawn.

The defendant B did not take any measure despite the fact that he opened a plastic house at an appropriate time and deliver it to the outside.

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