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1. The Defendant shall pay to the Plaintiff KRW 22,923,521 and the interest rate of KRW 15% per annum from January 15, 2016 to the day of complete payment.
Reasons
1. Occurrence of liability for damages;
A. Facts of recognition 1) The Plaintiff is the Plaintiff’s 1,276 square meters (hereinafter “instant land”) of the Chungcheong-gun, Chungcheong-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.
(A) From October 20, 201 to October 20, 2011, 1,150 square meters among the instant land (hereinafter referred to as “arable land”).
) In light of the fact that the ginseng in 2017 was expected to be harvested in the year of harvest (if the plaintiff had been harvested in 6 years old ginseng before the date of the instant harvest, before the date of the instant harvest, and that the five-year old ginseng had been cultivated for 3 years to the extent that it would not have been purchased in itself for 3 years, the plaintiff would have been trying to harvest six-year old ginseng;
hereinafter referred to as “the ginseng of this case”
(2) In the vicinity of the instant land, the Defendant: (a) performed the land creation work for a general industrial complex in the form of an increased-scale 2 general industrial complex; (b) from the construction site on November 14, 2015, the land was fast down by earth and sand and prevented the drainage of the arable land; and accordingly, the land was flooded by the high-speed and drain water of the cultivated land.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1 to 10, Eul evidence 1-1 to 8, the purport of the whole pleadings [Insufficient Evidence] Eul evidence 2
B. A person who performs land creation works shall be deemed to have been negligent in neglecting his/her duty of care to prevent soil contamination caused by rainwater, etc. by inspecting matters that may cause harm to another person's property, etc. by installing soil-saving facilities, etc., and thus, the defendant is liable to compensate the plaintiff for all damages caused by the accident in this case.
2. Scope of damages.
A. The average purchase price per square meter of the instant ginseng 1): 26,591.16 2) The average purchase price per square meter of the instant ginseng 2: 5,444 won was already charged with the cultivation expenses for 4 years with respect to the instant ginseng. As such, the remainder of the cultivation expenses calculated by deducting the cultivation expenses for 4 years from the cultivation expenses for 6 years is 5,444 won (=the average cultivation expenses for 6 years, 21,308 won - the average cultivation expenses for 6 years - the average cultivation expenses for 15,864 won for 4 years).
B. The cultivation area of the instant ginseng: 1,084 square meters.