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(영문) 서울서부지방법원 2017.02.07 2015가단247847
손해배상(기)
Text

1. The Defendant: KRW 25,962,389 for the Plaintiff and KRW 5% per annum from June 1, 2015 to February 7, 2017.

Reasons

1. Basic facts

A. The Plaintiff is the owner of B forest land B 6,327 square meters (hereinafter “the instant forest”). The Plaintiff established a tombate in the instant forest and had been in the vicinity of the instant forest and has been in charge of planting-type trees, boom trees, old trees, etc. in and around it.

B. On January 19, 2015, pursuant to Article 22 of the Creation and Management of Forest Resources Act and Article 25 of the Enforcement Rule of the same Act, the Defendant sent to the Plaintiff a letter of official questioning as to whether he will participate in the pertinent project by notifying the Plaintiff that he/she is scheduled to implement a project for forest tending in 2015 (hereinafter “the instant project”).

C. On January 28, 2015, the Plaintiff sent a written consent to the Defendant to the effect that “The instant forest is planted and managed, and thus excluded from the instant project.”

On April 29, 2015, the defendant is called "forest development (hereinafter referred to as "forest development")".

The project in this case was contracted to the Corporation and the forest development was made from May 2015 to the same year.

6. Until December 24, the instant project was implemented, and among the trees planted in part of the instant forest as a fruit tree, the standard tree, letter-bail tree, old tree, etc. was cut.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination

A. According to the facts of recognition of the above liability for damages, since trees planted in the forest of this case by negligence in the development of the forest of this case, which were performed by the defendant under a contract with the defendant for the project of this case were cut, the defendant is liable to compensate the plaintiff for damages pursuant to Article 2 of the State Compensation Act.

The defendant's project for forest tending business like the project in this case is originally implemented by the forest owner, and if the State or a local government deems it necessary for forest management, the consent of the forest owner.

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