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(영문) 대전지방법원서산지원 2015.11.03 2015가단1996
손해배상(기)
Text

1. The Defendant’s KRW 3,00,000 as well as the Plaintiff’s annual rate of KRW 5% from March 27, 2015 to November 3, 2015.

Reasons

1. On February 6, 2015, the Plaintiff’s summary of the Plaintiff’s assertion entered into a lease agreement with Nonparty C to lease KRW 2,00,000 annual rent for the land D, E (hereinafter “instant land”) and the greenhouse greenhouse of KRW 1,00,00,00 (hereinafter “instant vinyl houses”) from Nonparty C, and from February 7, 2015 to the same year.

3. Until February 2, 300, the instant vinyl was planted in the instant vinyl, such as drilling, cargo dump, white sewage, camping, container, inns, smelting, milling, swimming, water, ice, ice, heat ice, etc.

On March 6, 2015, the Defendant removed the props of the instant vinyl as its own possession and removed them, and removed all the water scrap metal of the vinyl to fix the vinyl of the vinyl. Accordingly, the vinyl of the vinylhouse was cut off by the wind.

The Defendant’s sinting off the vinyl of the instant vinyl, which the Plaintiff cultivated crops, is an intentional or negligent tort against the Plaintiff. As a result, a large number of crops planted by the Plaintiff were damaged by cooling, and the damage therefrom was 21,370,000 won in total, including consolation money.

Therefore, the defendant is obligated to pay the plaintiff the amount stated in the claim for damages caused by the tort.

2. Determination

A. Comprehensively taking account of the overall purport of the pleadings and arguments as to Gap evidence Nos. 6, Eul evidence Nos. 1 through 5, and Eul’s testimony, the Defendant: (a) was the person who leased the instant vinyl from C before the Plaintiff leased the instant vinyl from C; and (b) was notified C by the Defendant that the Defendant would remove the Defendant’s possession of the instant vinyl, which was installed in the instant vinyl, before settlement relating to the termination of the instant vinyl lease agreement was not completed between C; and (c) was removed on March 6, 2015 by mobilization of the human parts of the said vinyl, to fix the vinyl of the instant vinyl.

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