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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On July 18, 2017, around 04:35, A, a driver of the Plaintiff Company, was driving a B bus owned by the Plaintiff and was protruding to the bedalo in Bupyeong-si, Seocheon-si, resulting in an accident (hereinafter “instant accident”) that caused seven street trees owned and managed by the Defendant and damaged by the Defendant.
B. On August 28, 2017, the Defendant notified the Plaintiff Company of the payment of KRW 18,527,750 as an amount borne by the Plaintiff Company and the Plaintiff Company of the payment of KRW 18,527,750 as an amount borne by the Plaintiff Company (hereinafter “instant payment notice”). On October 11, 2017, the Defendant notified the Plaintiff Company, etc. of the payment of KRW 19,083,580,580 in total of the amount and additional charges on the Plaintiff Company, etc. on the following grounds: (a) the Plaintiff Company and the Plaintiff Company concluded a water damage insurance contract with the Plaintiff Company after undergoing the procedure for raising an objection pursuant to Article 21 of the Creation and Management of Forest Resources Act and Article 17 of the Ordinance on the Creation and Management of Street Trees Trees; (b) the Plaintiff Company, etc.
[Ground for Recognition: Facts without dispute, Gap evidence, Eul evidence No. 1, Eul evidence No. 1 to 14 (including paper numbers), the purport of the whole pleadings]
2. Although the amount of KRW 14,034,770 is adequate as damages for the damage of roadside trees caused by the accident of this case by the plaintiff's assertion, the defendant sought payment of the amount exceeding the above amount to the plaintiff. Thus, it is necessary to confirm the same contents as above claim
3. With respect to the damage of street trees caused by the instant accident, the notice of the payment of the burden borne by the Defendant to the Plaintiff Company and the Mzz fire marine insurance company constitutes an administrative disposition based on Article 21 of the Creation and Management of Forest Resources Act and Article 17 of the Ordinance on the Creation and Management of Street Trees in Bupyeong-si.
Therefore, where the plaintiff intends to object to the notice of the payment of the amount borne by the burden of borne by the plaintiff, administrative litigation, such as revocation litigation, is conducted within the prescribed period.