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(영문) 수원지방법원 2019.10.18 2018나88890
손해배상(기)
Text

1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. The costs of appeal and the incidental costs thereof shall be individually considered.

Reasons

1. The scope of the judgment in this Court is that the plaintiff is liable to the defendant for damages based on the tort amounting to KRW 20,292,00 (= Gangwon-do Pyeongtaek-gun D (hereinafter “instant land”).

) From April 28, 2016 to July 12, 2018, a claim was filed for the payment of the amount equivalent to rent 5,642,00 won for damage 7,80,000 won for the removal of concrete facilities buried on the instant land and the delayed payment damages. The first instance court cited only the claim for the amount equivalent to rent 5,056,00 won (from April 28, 2016 to April 27, 2018) and the remainder of the claim was dismissed.

As to this, the Defendant appealed against the above cited portion, and the Plaintiff filed an incidental appeal only for the damages caused by the damage of pine trees and the removal cost of the above concrete facilities from April 28, 2018 to July 12, 2018, the amount equivalent to the rent for land from April 28, 2018 to July 12, 2018 (==5,642,000 - 5,056,00 won) shall be excluded from the adjudication of this Court.

2. Summary of the parties' arguments

A. The gist of the Plaintiff’s claim is that the Defendant conspired with the Co-Defendant C of the first instance trial (hereinafter “C”) to excavate and damage the instant land from April 28, 2016 without the Plaintiff’s permission. As such, the Defendant and C jointly and severally compensate the Plaintiff for damages arising from tort, which is KRW 20,292,00 (= = the amount equivalent to the rent for the instant land from April 28, 2016 to July 12, 2018), which is the damage incurred to the Plaintiff, (i) KRW 5,642,00,000, which is the damage amounting to KRW 7,800,000, which is the damage amounting to KRW 5,642,00,000, which is the damage amounting to KRW 6,850,000, which

The plaintiff does not explicitly reduce the purport of the claim.

However, as seen earlier, part of the amount equivalent to the rent for land from April 28, 2018 to July 12, 2018 is not subject to the judgment of this Court, and it is not subject to the judgment of this Court.

B. The defendant's summary of the defendant's assertion is objection.

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