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1. The Defendants jointly share KRW 30,700,000 with respect to the Plaintiff and the period from December 17, 2013 to October 27, 2016.
Reasons
The Defendants were subject to criminal punishment (this Court Order 2015Nom2) or suspended indictment for the criminal facts as indicated in the separate sheet. Accordingly, the Defendants jointly damaged the Plaintiff’s “one sheet of the head 1g of the current market price equivalent to KRW 30 million” ( approximately KRW 25 years’ presumption, height 2m, diameter 47cm; hereinafter “the instant pine tree”) owned by the Plaintiff as follows. In the process, inasmuch as the Defendants committed a tort against the instant pine tree to kill by cutting away the branches of pine trees and destroying roots, thereby causing damage to them, they are liable to compensate the Plaintiff for the damages incurred by the Plaintiff.
The following is about the amount of damages claimed by the Plaintiff.
First, we examine the claim of “30 million won” of the amount of damages equivalent to the market price of the instant pine trees.
With respect to the method of calculating the amount of damages caused by damage or destruction of a thing, the Supreme Court consistently declared the large principle in the following cases: “General damages caused by a tort shall be the market price at the time of loss when the article was destroyed, the expenses incurred in repairing or restoring the article if the article was damaged, or the expenses incurred in restoring the article to its original state if it is impossible to repair or restore it to its original state, or where the expenses are excessive, the part reduced in exchange value due to damage shall be deemed ordinary damages.” (See, e.g., Supreme Court Decisions 95Da38233, Jan. 23, 1996; 2005Da44626, Apr. 28, 2006).
In addition, the "market price" referred to in the above precedents refers to the exchange price of the market formed through normal transactions with respect to the goods.
According to the statement in Gap evidence No. 3, it can be known that the instant pine trees were destroyed when they were completely dead on or around November 25, 2014, and according to the statement in evidence No. 5, defendant G around December 26, 2013, the instant pine trees from the defendant A amounting to KRW 30 million.