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(영문) 인천지방법원 2015.09.22 2015가단27698
물품대금등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion that the Defendant purchased trees worth KRW 3,312,00,00 from the Plaintiff’s market price of KRW 27,312,00,00 from the Plaintiff while performing civil engineering works in Incheon Strengthening-gun C around June 2014, the Defendant did not pay the purchase price, even though the Plaintiff purchased trees worth KRW 3,312,00,00 from the Plaintiff’s market price of KRW 27,312,00,00 from the Plaintiff.

Furthermore, around that time, the Defendant: (a) mineed 1 girs of pine trees consisting of KRW 5,000,000 in the market value of the Plaintiff, and 300,000,000 in the market value; (b) mineed 1 girs of pine trees consisting of KRW 1,707,000 in the market value; and (c) during that process, damaged 1 girs of pine trees consisting of KRW 3,00,000 in the market value and damaged 13,37,000 in the total amount to KRW 13,37,000 in the market value; and (d) incurred damages to the Plaintiff.

Therefore, the defendant is obligated to pay to the plaintiff a total amount of KRW 46,649,00 (=purchase purchase price of KRW 33,312,00 + damages of KRW 13,37,000 + damages for delay calculated by the rate of 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the day following the delivery of a complaint to the day of full payment.

2. In light of the purport of Gap evidence No. 1 and the entire pleadings, Gap evidence Nos. 1, 2, and 3 sold a tree worth KRW 33,312,00 to the defendant by itself.

It is insufficient to recognize the fact that the defendant mined and damaged the trees owned by the plaintiff, and there is no other evidence to acknowledge it.

3. If so, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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