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1. The Defendant’s damages claim against the Plaintiff on October 4, 2013 against the Gwangju District Court 2013 Ghana 12783.
Reasons
1. The following facts are found to be without dispute between the parties or recognized by considering the overall purport of the pleadings as a whole in each entry in Gap evidence of No. 1 to No. 4 (including evidence with a serial number):
A. On September 2008, the Plaintiff purchased 21,620 square meters of C forest in Gwangjuyang-si, and then requested D to fell trees with permission for cutting trees from luminous-si in accordance with the development project of the gymnasing tree substitute tree, around April 2010. During the work, the Plaintiff cut the trees of 30 gyms, such as the pine trees planted by the Defendant, the owner of neighboring land, without permission.
B. On September 30, 2013, the Defendant filed a lawsuit claiming damages from the Plaintiff’s unauthorized felling of trees, claiming damages from the said unauthorized felling of trees, against the Gwangju District Court 2013Gau12783 (Appeal).
C. On October 4, 2013, the Plaintiff was served with a decision on performance recommendation (hereinafter “instant decision on performance recommendation”) stating that “the Plaintiff shall pay to the Defendant the amount of KRW 19,500,000 and the amount calculated at the rate of 20% per annum from the day after the copy of the complaint was served to the day of complete payment,” but did not raise any objection, and the said decision became final and conclusive on October 19, 2013.
Since then, the Plaintiff filed a lawsuit against the Defendant for objection under this Court Order 2014Kadan3119 (hereinafter “instant lawsuit for objection”); on January 15, 2015, the said court rendered a judgment that “2,908,000 won for compulsory execution based on the instant decision of performance recommendation and the amount exceeding the interest rate of 20% per annum from October 5, 2013 to January 15, 2015; and the amount exceeding the interest rate of 20% per annum from the next day to the date of full payment.” The judgment of the first instance became final and conclusive through the appellate court (Seoul District Court Decision 2015Na143, August 19, 2015; Supreme Court Decision 2015Da53582, Dec. 10, 2015) and the final appeal (Supreme Court Decision 2015Da53582, Dec. 5, 2015).
E. Meanwhile, the plaintiff is after the judgment of the court of first instance on the objection case was rendered.