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(영문) 제주지방법원 2017.11.24 2017가단55
손해배상(기)
Text

1. The Defendants jointly share KRW 54,498,896 with respect to the Plaintiff, and the period from March 28, 2016 to November 24, 2017.

Reasons

Basic Facts

A. While Defendant D Co., Ltd (hereinafter “Defendant Co., Ltd”) constructed the “F apartment house G” on the ground of the FG, which is owned by E, on December 2015, Defendant D Co., Ltd., Defendant D Co., Ltd., (hereinafter “Defendant Co., Ltd.”) removed water by using a refracker with a height of approximately 1-2 meters, approximately 50 meters in length, which was installed on the boundary of H land owned by the Plaintiff, which is a land adjacent to the said land (hereinafter “Plaintiff’s land”). On March 28, 2016, Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd”) brought about a total of 3rd trees owned by the Plaintiff, which were used as an overhead forest on the ground that the Plaintiff’s land increases and landscape is not good.

B. Defendant B was prosecuted as the representative director of the Defendant Company, and the facts constituting the crime stated in the above paragraph (a) (the Jeju District Court Decision 2016Da1852). On November 11, 2016, Defendant B was sentenced to a stay of execution of six months of imprisonment with prison labor for the commission of a security offense and a property damage by a court, and the said judgment became final and conclusive.

C. Meanwhile, in the Plaintiff’s land, the Plaintiff entered wruscis wruscis and Defendant B deposited KRW 10,000,000 with the Plaintiff as the deposited person on October 24, 2016 in the above criminal procedure.

[Grounds for recognition] The facts without dispute, Gap evidence Nos. 1 through 4, 6, and 8 (including paper numbers), the result of the on-site inspection by this court, and the plaintiff's removal and removal of tri trees asserted the purport of the whole pleadings, causing damage equivalent to KRW 96,60,950 in the cost of restoration of tri trees. The defendants jointly are liable to compensate the plaintiff for damages amounting to KRW 106,60,950, including consolation money amounting to KRW 10,000,000, and among them, the defendants are liable to compensate the plaintiff for damages amounting to KRW 10,000,000 and delay damages amounting to KRW 96,60,950 in the plaintiff.

Judgment

According to the facts of recognition as above, the defendants are liable to compensate for damages suffered by the plaintiff due to such illegal acts, since the boundary of the plaintiff's land was abandoned without permission.

The defendants are the defendants.

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