2013 Gohap 532673 Compensation (the State)

A person shall be appointed.

Law Firm Extent of Attorney Park Jong-soo

Attorney Lee Young-young, Attorneys Lee Young-soo

Korea

The Minister of Justice of the Republic of Korea

For the Litigation Performers;

December 18, 2014

January 22, 2015

1. The defendant shall pay to the plaintiff 54,68,90 won with 5% interest per annum from August 1, 2012 to January 22, 2015, and 20% interest per annum from the next day to the day of complete payment.

2. The plaintiff's remaining claims are dismissed.

3. 3/4 of the costs of lawsuit is assessed against the Plaintiff, and the remainder is assessed against the Defendant, respectively.

4. Paragraph 1 can be provisionally executed.

The defendant sent to the plaintiff KRW 240,00,000 as well as a copy of the complaint of this case from August 1, 2012.

The amount of 5% per annum and 20% per annum from the next day to the day of full payment.

H. D. D.

1. Basic facts

A. From around October 20192, the Plaintiff cut 60,00 seeds of mountain C in the attached Table No. 396 m2 (hereinafter referred to as “the instant land”) of the status quo table No. 396m2 (hereinafter referred to as “the instant land”), among the Plaintiff’s growing of mountain ginseng in Gangwon-gun* Myeon ** Mari-ri, 617, 68,95m2 (hereinafter referred to as “the transplant of this case”) around October 201, which was owned by the Plaintiff. From around October 201, the Plaintiff transplanted 60,000 m3,000 in the attached Table No. 359m2 of the same Table (hereinafter referred to as “the transplant of this case”).

B. Around April 2012, four military personnel belonging to the defendant Army heading** * Communications Team (hereinafter referred to as the "military unit of this case") provided a pain test for training in the land of this case. After that, three military personnel belonging to the above military unit installed obstacles on part of the land of this case including the transplant of this case on three occasions from July 2012. During that process, the plaintiff's mountain field was damaged (hereinafter referred to as the "accident of this case"), such as passing through part of the land of this case and the transplant of this case.

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

2. In conducting the training of a military unit where liability for damages occurred, a thorough examination shall be conducted as to whether the military unit visited the training place in advance to check whether it does not inflict any damage on the civilian. In particular, in the case of a new training at a place other than the previous training place, there is 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 designated the land as a training place without a field investigation, considering only operational factors, although the military unit of this case had been newly designated as a training place, and the military unit of this case was anticipated to cultivate crops because the military unit of this case entered the land of this case and sold the land of this case to the training place of this case and installed a new training place, and thus, the military unit of this case caused the accident of this case which caused damage to the mountain ginseng that was planted on the land of this case, which is a public official belonging to the military unit of this case, and thus, the military unit of this case was liable to compensate for damage by negligence of the military personnel.

3. Scope of liability for damages

A. The plaintiff's assertion

At the time of the instant accident, KRW 32,00,00 among the mountain ginseng that was cut to the instant land and cultivated for two years. At the time, the market price of the mountain ginseng that was planted in the instant land was KRW 5,00 per share, and KRW 1,00,000 among the mountain ginseng that were planted in the instant transplant area was damaged for five years and cultivated for two years. At the time, the market price of the mountain ginseng that was planted in the instant transplant area was KRW 80,00 per share, and the Defendant was obligated to pay the Plaintiff KRW 24,00,000 ( KRW 32,000 x 5,000) + KRW 8,000 ( KRW 1,000 per share).

B. Determination

1) In full view of the evidence of this court, the appraisal result of appraiser Kim Jong-hwan conducted by the plaintiff and the whole purport of the arguments, ① where the plaintiff 120 meters of mountain ginseng 60,00 seeds of this case were scam scam scam, and approximately 429 of the transplant land of this case where about 5 years was transplanted, and approximately 39,00 of the transplant land of this case where about 396 meters of the transplant land of this case were used as a passage. In light of the fact that about 120 meters of the transplant area of this case and about 759 meters of the transplant land of this case were damaged due to the accident of this case, ② where the plaintiff scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam s, average loss rate of natural origin

2) First of all, according to the above facts, the plaintiff's damages suffered from the land of this case were examined as to 12,727 weeks in total due to the accident of this case ( = 60,00 x 120 m/ 396m x 0.7 ( = 1-2 year natural loss rate of 0.3), but less than 0.7 x 700 m x 700 m x 700 m x 700 m x 700 m x 70 m 570). Thus, the plaintiff's damages amount were 8,908,90 ( = 12,727 x 700 m x 700 m x 700 m 605 m x 7050 m x 705 m 605 m x 705 m 570).

4) As to this, the Plaintiff asserted that the Defendant’s tort caused the Plaintiff’s failure to cultivate mountain ginseng up to 10 years ago, which was originally intended, and thus, the damages therefrom should also be compensated. Thus, this constitutes a special damage. However, there is no evidence to prove that the Defendant knew or could have known the aforementioned circumstances at the time of the instant accident. Thus, the Plaintiff’s assertion is without merit.

C. Sub-decision

Therefore, the Defendant’s 54,688,900 won = 8,908,900 + 45,780,000 won + 45,780,000 won) and as sought by the Plaintiff, after the damage to the instant land was terminated.

8. 1. From January 2, 201 to January 22, 2015, the date the judgment of this court rendered that it is reasonable for the Defendant to resist the existence or scope of the obligation, the Defendant is obligated to pay 5% per annum under the Civil Act and 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

4. Conclusion

Thus, the plaintiff's claim of this case is justified within the above scope of recognition, and the remaining claim is dismissed as it is without merit.

Judges Park Jong-dae

Judge Han-dong