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(영문) 수원지방법원안양지원 2014.07.30 2014가단572
손해배상
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. On June 2009, the Plaintiff agreed with the Defendant, who is the right holder of the land C3,034m2 (hereinafter “instant land”) in Jungcheon-si around June 2009, to plant and manage trees and plants on the instant land, and accordingly, managed trees, etc...

[Ground of recognition] The entry of Gap evidence No. 1, witness D's testimony, the purport of the whole pleadings

2. The Plaintiff asserted that, around August 2012, the Defendant defolied the plants planted on the land of this case by singing them into the beginning, and claimed compensation for damages equivalent to the value of the natural plants that were dead and brought to death.

As the plaintiff's assertion, only some of the witness D's testimony is insufficient to acknowledge the same fact, and there is no other evidence to prove that the witness's testimony alone is insufficient.

Therefore, the plaintiff's claim is without merit.

3. The defendant requested the plaintiff to manage trees on the ground of the land of this case and pay 12.7 million won as management expenses. The plaintiff asserted that he neglected to remove trees on the land of this case and caused death without managing them, and sought the return of money equivalent to the management expenses paid by the defendant.

According to the results of the return of the order to submit financial transaction information by the Nonghyup Bank, the defendant is found to have transferred part of the money to the deposit account under the name of the plaintiff, but there is no evidence to prove that the above money was received as management expenses under the tree management agreement between the plaintiff and the defendant. Thus, the defendant's counterclaim claim of this case is without merit.

4. In conclusion, the plaintiff's main lawsuit and the defendant's counterclaim are all dismissed as it is without merit. It is so ordered per Disposition.

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