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(영문) 수원지방법원 2017.08.16 2017나1100
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Determination on the cause of the claim

A. The gist of the Plaintiff’s assertion is that the Plaintiff carried 2,406 square meters prior to C in Gwangju-si (hereinafter “the farmland in this case”) with capital reduction, spath, spath, spawn, spawn, spawn, spawn, red side, spawn, etc., and laid organic farming seeds.

However, around April 2013, the Defendant arbitrarily extracted the Plaintiff’s organic farming crops and extracted them from the Plaintiff’s discretion, and caused enormous damage to all organic farming seeds that the Plaintiff acquired from experiments and growing for a period of ten years.

Therefore, the defendant is obligated to pay consolation money of KRW 25 million and its delay damages to the plaintiff for mental suffering that the plaintiff suffered.

B. In full view of the reasoning of the first instance court's fact finding on November 15, 2016, the following facts are acknowledged: (a) the Plaintiff is suffering from capital reduction, spawd, drilling, and spawd from the farmland in this case; and (b) the Defendant arbitrarily extracted the crops of the Plaintiff in this case on April 7, 2013 without the Plaintiff's permission (the Defendant was issued a summary order of KRW 300,000 as a crime of property damage on April 3, 2017). According to such facts, according to the above facts, the Plaintiff was deprived of all crops in this case's farmland due to the Defendant's tort; (c) the Defendant has a duty to inflict mental suffering or injury on money suffered by the Plaintiff.

However, according to the above evidence, there was no sign or any device that makes it possible for the plaintiff to know that the farmland in this case and its surrounding areas are being bred with organic farming seeds for a long time, or that agricultural products in this area were planted for the purpose of collecting high-priced organic farming seeds, or any device that prevents the outside person's access to the farmland in this case and its surrounding areas were in dry field.

all of them are breeding the organic farming seeds.

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