(영문) 춘천지방법원강릉지원 2017.10.24 2016나52002

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(영문) 춘천지방법원강릉지원 2017.10.24 2016나52002

손해배상(기)

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1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On February 15, 2016, the Plaintiff purchased all of the instant pine trees (hereinafter “instant pine trees”) on the ground of Gangseo-si G and H (hereinafter “each of the instant lands”) from the FJ (hereinafter “instant clan”) for KRW 52 million.

B. On March 28, 2016, the Plaintiff sold the instant pine trees in KRW 280,000,000,000, to Apannam, Inc., and the Plaintiff mobilized equipment and human parts on April 26, 2016, and carried out the excavation and cutting of the instant pine trees.

C. However, on April 26, 2016, J asserted that the Defendants purchased the instant pine trees from the Defendants, which interfered with the Plaintiff’s extraction and cutting of pine trees as above, and eventually, the Plaintiff suspended the Plaintiff’s extraction of the instant pine trees.

[Judgment of the court below] The ground for recognition is without merit, Gap evidence Nos. 1 and 2, and the ground for appeal

2. Determination on the cause of the claim

A. At the time when the Plaintiff’s summary of the Plaintiff’s assertion 1 was engaged in mining and cutting down the instant pine trees, the Defendants obstructed the Plaintiff by fronting J, and during that process, J assaulted the Plaintiff.

The Plaintiff failed to lawfully purchase the instant pine trees from the clan because it was difficult for the Defendants to move forward the instant pine trees because they had concerns over selling the instant pine trees to J and not receiving the sales amount. Accordingly, the Defendants jointly interfered with the Plaintiff’s removal of the instant pine trees.

Therefore, the Defendants jointly have a duty to jointly compensate the Plaintiff for damages arising from tort, including approximately KRW 3.5 million, including the sum of the extraction and scop work expenses, personnel expenses, etc. incurred by the Plaintiff in order to mine the instant pine trees, and KRW 280,000,000,000 equivalent to the value of other pine trees delivered by the Plaintiff to the Abrechan, Inc. in lieu of the instant pine trees, and to pay damages for delay

However, 100 million won as part of them and any of them.

유사 판례

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-춘천지방법원 강릉지원 2014.07.24 2014고합28

-전주지방법원정읍지원 2020.09.17 2020고단203

-대구지방법원안동지원 2015.11.11 2015가단20421