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(영문) 대구지방법원서부지원 2016.05.19 2014가단34281
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 6, 2014, the Plaintiff purchased KRW 100,000 (hereinafter “instant pine trees”) and KRW 45,00,000 from the Defendant.

B. The Plaintiff received delivery of the instant pine trees, etc. from the Defendant, and transported and planted them to the Plaintiff’s farm. From around April 2014, the leaves of the instant pine trees began to be changed so as to be changed so.

C. Accordingly, the Plaintiff requested the Sung-gun Forest and the Sung-gun Forest to find out the cause of the instant pine tree disease, and conducted a diagnosis with the purport that the Gyeongsung Forest and the Sung-gun Forest are being infected with pine trees, with the fact that the relevant pine tree hospital, which conducted an investigation of the instant pine tree upon entrustment with the Sung-gun Forest and the Sung-gun Forest and conducted an examination with the purport that “The tree hospital appears to have been infected with pine trees in the state where the tree age is weak, the trees in the process of the examination are about 30%, and the tree in the process of the examination is observed by a majority.”

[Reasons for Recognition] Facts without dispute, Gap's statements and images, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion of the instant pine trees had already been carried out in B on the dys of pine trees in the dys of pine trees, carried it down in the dys of pine trees, and then in 2014, it was deemed that the instant pine trees were carried out by drilling the hole into the tree, drilling the pits into the dys of trees, and cutting the dys of pine trees after spreading the dys of pine trees. In addition, the instant pine trees turned out the dys of pine trees into the dys of pine trees and killed the pine trees by planting the dys of pine trees.

The defendant has already sold pine trees in the crepans of the part part of the land to the plaintiff, and due to this, all pine trees purchased by the plaintiff were damaged by the bamboo.

Therefore, the Defendant is obligated to pay the Plaintiff the purchase cost of pine trees of KRW 40 million, the transplant cost of KRW 15,750,000, the sum of KRW 55,750,000, and damages for delay.

B. We examine the judgment, based on the above evidence. The above evidence is examined.

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