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1. The Defendant’s KRW 30,000,000 and the Plaintiff’s annual interest thereon from March 15, 2016 to December 6, 2016 and the following.
Reasons
1. Basic facts
A. In early 2012, the Defendant purchased the standing timber in the said forest in KRW 30,00,000 between Geumsan-gun and C owner, and concluded a contract on the sale of standing timber with the content that the Defendant is responsible for the felling of standing timber.
Around that time, the Defendant entered into a contract for felling trees between E and the Defendant to pay KRW 14,00 per ton of standing timber to E.
B. In November 2012 under a contract with the Defendant, E cut the trees located in the Chungcheong F forest (hereinafter “instant forest”), and the Defendant’s employees G confirmed the Plaintiff on March 12, 2013 and April 25, 2013, by checking the type, quantity, and diameter of the trees planted in the instant forest.
C. On June 4, 2010, the Plaintiff: (a) succeeded to the instant forest owned by the Plaintiff, his father, and (b) purchased the instant forest from H on August 2, 2013.
H transferred the damage claim against the Defendant to the Plaintiff on November 19, 2015 and March 29, 2016, and notified the Defendant of the assignment of the claim at each time.
[Based on recognition] Each entry of Gap evidence 1, Gap evidence 3, Gap evidence 4, Gap evidence 6, Gap evidence 7, Eul evidence 1 through 3 (including each number), and the purport of the whole pleadings
2. Occurrence of liability for damages;
A. The plaintiff asserts that since his employee or E, the contractor who is the defendant's employee, or the defendant's contractor, has cut trees of the forest of this case, the defendant is liable for damages to the plaintiff who acquired the right to claim damages as the employer.
The defendant asserts that E, the contractor, is liable for damages, and the defendant is not liable for damages.
B. In the determination 1 contract, the contractor shall be liable for the damage inflicted on a third party on the work unless there is gross negligence on the contract or instruction.