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(영문) 부산지방법원 2015.01.08 2014나40142
손해배상(기)
Text

1. Revocation of a judgment of the first instance;

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. Determination as to the cause of the Plaintiff A’s claim

A. The plaintiff A, who asserted that the defendant damaged the tombf of the above plaintiff's clan F (hereinafter "the deceased") on the ground of the 2,373 square meters of forest E, Kimhae-si (hereinafter "the forest of this case"), his possession, and caused the above plaintiff to bear the expenses equivalent to KRW 1,70,000 for restoring the grave. Thus, the plaintiff A, as compensation for damages, sought payment of KRW 4,700,000 (the sum of KRW 1,700,000 + KRW 3,000,000) as compensation for the above expenses and consolation money (the sum of KRW 1,70,000).

B. The evidence submitted by the plaintiff AJ and the testimony by the witness K at the trial alone are insufficient to recognize that the defendant damaged the deceased's grave managed by the above plaintiff intentionally or by negligence. The above plaintiff's claim is without merit without need to further examine.

2. Determination as to the cause of the Plaintiff B’s claim

A. The plaintiff B asserted that the above plaintiff's parents were planted on the forest of this case and on the ground of 3,967 square meters adjacent thereto, and 65 glus in total, 50 glussium, 10 glusium, 50,400,000 won (8,000 won per glusium x 50 glusium x 50), 7,760,000 won equivalent to 10 glusium (10,000 won per glusium 776,00 x 10 glus), 4,90,000 won in total, and damages equivalent to 50 glusium,50 glusium x 500 glusium x 500 glusium x 5306,400,700 won in total, and damages equivalent to 700,000 won in total (530 glus).

B. The evidence submitted by the plaintiff B and the testimony by the witness K of the trial party alone are insufficient to acknowledge that the defendant fells into a tree of the same kind and quantity as the above plaintiff's assertion, and there is no other evidence to acknowledge it. Thus, the above plaintiff's claim is without merit without further examination.

2.

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