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(영문) 서울중앙지방법원 2015.01.22 2013가합532673
손해배상(국)
Text

1. The Defendant’s KRW 54,688,90 for the Plaintiff and KRW 5% per annum from August 1, 2012 to January 22, 2015.

Reasons

1. Basic facts

A. From around October 2010, the Plaintiff, from around 1992, cultivated mountain ginseng in the Hanwon-gun B, around 68,995 square meters of C forest land owned by the Plaintiff (hereinafter “instant land”), he cut about 396 square meters of the attached Table A of the current status (hereinafter “the instant land”). From around 1992, the Plaintiff planted approximately 60,00 mountain ginseng seeds to approximately 759 square meters of land for the same attached Table C (hereinafter “the instant transplant land”). Around October 201, approximately 2,000 mountain ginseng were transplanted into five-year mountain ginseng on the same Table C (hereinafter “the instant transplant land”).

B. At around April 2012, four military personnel belonging to the 732 Telecommunication Team of the Army belonging to the Defendant (hereinafter “instant military unit”) engaged in the marry of the Plaintiff’s mountain field (hereinafter “the instant accident”), including the instant transplant site, on three occasions from July 2012, three military personnel belonging to the said military unit installed a marry obstacle in part of the instant land, including the instant transplant site, and during that process, they damaged the Plaintiff’s mountain field (hereinafter “the instant accident”).

[Ground of recognition] Unsatisfy facts, Gap's statements and images, Gap's evidence Nos. 1 through 6, 14 through 17, and 19 (including branch numbers), the result of the verification by this court, the result of appraiser D's appraisal, the purport of the whole pleadings

2. In conducting the training by a military unit, the military unit shall visit the training place in advance to check closely whether it does not inflict any damage on the civilian, and establish a training plan. In particular, if the military unit is not a previous training place, but a new training place is conducted, it shall have a duty of care to examine the site in advance to prevent property damage to neighboring residents and landowners. According to the evidence No. 4, the military unit of this case shall take into account only the operational elements without a prior field investigation, although the land of this case is designated as a new training place, and the cultivation of crops is anticipated due to the distribution of the people by nearby areas.

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