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The plaintiff's appeal is dismissed in entirety.
Expenses for appeal shall be borne by the plaintiff.
The purport of the claim and the purport of the appeal shall be the first instance.
Reasons
1. Basic facts
A. The Plaintiff is an owner of a warehouse located in Sejong Special Self-Governing City D (hereinafter “instant warehouse”).
Defendant Co., Ltd. (formerly, Co., Ltd. E; hereinafter “Defendant Co., Ltd.”) changed the trade name on September 20, 2017.
The company is engaged in civil engineering works, etc., and the defendant C is an employee of the defendant company.
B. From September 21, 2016, Defendant Company used the instant road adjacent to the instant warehouse (hereinafter “instant road”) among the State-owned roads (hereinafter “H roads”) that were part of the State-owned land while performing civil engineering works in F and G areas (hereinafter “instant construction”), as the access of freight vehicles for the instant construction.
In this regard, the Plaintiff parked agricultural machinery, one of its own possession, on the right side of the road of this case, on the ground that damage has occurred to the warehouse of this case, from October 1, 2016 to October 4, 2016, because of trucking vehicles passing through the construction of this case from around October 1, 2016 to around October 4, 2016. On October 5, 2016, the Plaintiff left cement packaging on the right side of the road of this case, and attached concrete stones (1m, 40cm in width, 50cm in length) at that place (hereinafter collectively referred to as the “act of interference of this case”).
In the event that the Plaintiff’s interference with the instant construction was prevented from passing through the instant road, the Defendant Company filed a complaint with the Sejong Police Station around November 2016 to interfere with the Plaintiff’s general traffic obstruction and business (hereinafter “instant complaint”). The accusation submitted by the Defendant Company includes the content that “the Plaintiff demanded KRW 60 million in return for allowing the Plaintiff to pass through the instant road,” and the Defendant C, as an agent of the Defendant Company, as of November 28, 2016, at the Sejong Police Station, “the Plaintiff to pass through the instant road.”