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1. The Defendant’s KRW 16,524,408 with respect to the Plaintiff and KRW 5% per annum from May 12, 2012 to August 28, 2014.
Reasons
1. Occurrence of liability for damages;
(a) The facts subsequent to the facts of recognition do not conflict between the parties, or can be acknowledged in full view of the entries of Gap evidence 1 to 5 (including the whole number, if any; hereinafter the same shall apply), the witness D's testimony, and the purport of the entire pleadings as a result of the appraiser E's appraisal:
(1) From December 206, 2006, G Cooperatives (hereinafter “G Cooperatives”) had been the representative director of the Defendant, built a new partnership building in the vicinity of 1514 square meters (hereinafter “instant land”) of Gyeongbuk-gun, Chungcheongnam-gun, the Plaintiff owned, and arbitrarily loaded rocks and rocks generated therefrom on the instant land.
Sheshe was established on November 27, 2006. At the time of establishment, there was no office or employee of the partnership, and the defendant's employees, a representative of F, carried out the work of the G partnership by using the defendant's office.
On the other hand, when the plaintiff, the owner of the land of this case, knew of the fact that rocks and remaining rocks were loaded on the land of this case due to the Building Construction Corporation of the G Cooperatives, he resisted F, and accordingly, D, on May 28, 2007, entered into a lease agreement on the land of this case (hereinafter “the lease agreement of this case”) with the plaintiff on May 28, 2007, for the purpose of loading rocks and remaining rocks on the land of this case in the name of the defendant at the defendant office.
x. The terms and conditions of the above lease agreement shall be leased from the Plaintiff from June 1, 2007 to May 31, 2010 during the term of the land in this case, and shall be KRW 3 million annually.
6.1.The payment shall be made in advance, and the land shall be restored to its original state at the expiration of the lease term.
(v) The rocks loaded on the ground of the instant land before and after the conclusion of the instant lease agreement, were entirely taken out, but the remaining soil remains as it remains, and the height thereof remains approximately one meter on average.