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(영문) 춘천지방법원 2016.11.08 2015가단54625
손해배상(기)
Text

1. The Defendant’s KRW 192,750 to the Plaintiffs, as well as 5% per annum from November 10, 2015 to November 8, 2016.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) The defendant from March 2013, 2013 to the same year.

5. From the Gangwon-gun D, the ownership of Plaintiff B, to create access roads to the land owned by the Defendant in order to create an access road to the land into the land owned by the Defendant, the market value of the Plaintiffs, which was planted on the land owned by the said Plaintiff, was extracted by using the excavating machine (hereinafter referred to as the “child of this case”) and then destroyed them (hereinafter referred to as the “damage of this case”).

(2) On October 14, 2015, the Defendant was sentenced to a fine of KRW 500,000 in the Chuncheon District Court 2014No485 (hereinafter referred to as the above criminal facts) and the Defendant appealed against this, but the Supreme Court (2015Do17200) rendered a judgment dismissing the appeal on April 12, 2016, and the said judgment became final and conclusive as it is.

[Ground for Recognition: Unsatisfy, Gap evidence 1, 7, and 8 (including a branch number; hereinafter the same shall apply)

(2) each entry, video, and the purport of the entire pleading

B. According to the above fact of recognition of liability, the defendant is liable for damages suffered by the plaintiffs due to the damage of this case.

2. Scope of damages.

A. The court may determine a reasonable amount as damages by taking into account the entire purport of the pleading and all the circumstances acknowledged as the result of the examination of evidence, where it is deemed that the facts of damage occurred, but it is extremely difficult to prove the specific amount of damage in light of the nature of the case.

(2) In a lawsuit seeking compensation for damages due to a tort, where it is difficult to prove the specific amount of damages due to the nature of the case, even though the existence of property damage is recognized, the court shall make all the indirect facts related to the relationship between the parties revealed by the result of examination of evidence and the purport of the entire pleadings, the circumstances leading up to the tort and the occurrence of property damage therefrom, the nature of the damage, and all the circumstances after the damage occurred.

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