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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Facts of recognition
The plaintiff is an organization that operates the "C" located in the Nam-gu Seoul Metropolitan City, and the defendant is a company that performed landscaping construction works among the construction works of new apartment units in the Nam-gu Seoul Metropolitan City D in the above "C."
The Defendant: (a) from June 2013 to November 201, 2013, performed the above landscaping construction; (b) the Defendant’s father passed around about 24 occasions between June 12, 2013 and December 6, 2013 to enter the said construction site.
Of the above traffic frequency, the passage about about 4 to 5 times was received from the plaintiff's side a request from the school to adjust the trees that come up with a strong wind to the school correction, and the passage over the remaining 19 to 20 times was conducted without the plaintiff's consent.
【In the absence of dispute, there is no ground for recognition, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 3, and the purport of the whole pleadings, and for the defendant's landscaping construction project for the defendant's assertion of the purport of the whole pleadings, the defendant's human body passed through C without permission, and vehicle enter the construction without permission, and the plaintiff C did not open the summer (6-8) and the family semester (9-11) and did not attract other schools.
Therefore, the Defendant is liable to compensate the Plaintiff for the total amount of KRW 55 million as follows.
① Loss of income of training donation during the summer semester (i.e., KRW 36 million for each trainee (i.e., KRW 900,000 for each semester x KRW 40), ② Loss of income of the missionary gift generated by being unable to attract other schools during the summer semester (i.e., KRW 76 million for a year of the Agreement on the Education of the Education of the Education of the Curriculum x 3/12 months) by the Defendant’s judgment on the income of the missionary gift during the course of conducting landscaping construction from June 2013 to November 2013. Therefore, barring any special circumstance, the Defendant is liable to compensate the Plaintiff for damages arising from the above unauthorized passage.
As to this, the defendant's consent.