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(영문) 수원지방법원 2015.01.22 2014가단511506
손해배상(기)
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: (a) partially leased a part of the population B (hereinafter “instant land”) of the Plaintiff’s wife-si around September 2007, and cultivated the brain ginseng by planting it; (b) the Defendant, who was awarded a contract for forest-tending project construction in the vicinity of the instant land from Young-si around the instant land, by misunderstanding the border around B on September 2013; (c) cutting down trees on the land owned by the Plaintiff, on which the brain ginseng was planted, and thereby, the Plaintiff was in a state of collapse or bad growth; and (d) accordingly, the Defendant is liable to compensate the Plaintiff for damages caused by the tort.

2. The testimony of Gap evidence Nos. 1 and 6 (including paper numbers) and Eul witness alone are insufficient to recognize the fact that the defendant laid down a tree on the land where the plaintiff's cerebral ginseng is planted and caused damage to the plaintiff's cerebral ginseng. In addition, there is no other evidence to acknowledge it. Even if the defendant laid down a tree on the land where the plaintiff's cerebral ginseng is planted, there is no evidence to prove that the defendant's employees knew or could have known the fact that the cerebral ginseng was planted on the land of this case at the time of the punishment. Thus, it is difficult to deem that the defendant was guilty of intentional or negligent, and therefore, the plaintiff's claim of this case of this case is without merit to further examine the legitimacy of the amount of damage.

3. Conclusion, the plaintiff's claim of this case is dismissed as it is without merit.

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