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(영문) 의정부지방법원 2020.06.19 2018가단8538 (1)
손해배상(기)
Text

1. Defendant B’s KRW 2,790,000 as well as 5% per annum from September 10, 2016 to June 19, 2020, and the following.

Reasons

1. Occurrence of liability for damages;

A. The Plaintiff’s assertion made a boomer employed by the Defendants damaged pine trees, fel trees, and attention that were planted in D forest land at Yangju-si, the Plaintiff owned.

The Defendants intentionally instructed damage, and even if not, there was negligence such as not supervising work.

Therefore, the defendants are liable for damages incurred to the plaintiff as joint tortfeasor.

(b) The following facts may be acknowledged, either under dispute between the parties, or under the purport of Gap evidence 2 and Eul evidence 6 (including paper numbers), the fact inquiry results of this court's two states, the on-site verification results of this court, and the whole arguments:

1) The Plaintiff’s forest land D in Yangju-si (hereinafter “Plaintiff’s land”).

(2) As the owner of the Plaintiff’s land, Defendant B constructed a new factory with the permission for the construction of textile manufacturing industry on the land of both the Defendant C’s father and the Defendant C’s land (hereinafter “Defendant land”).

3) On September 9, 2016, Defendant B surveyed the boundaries between the Plaintiff’s land and the Defendant’s land in order to obtain the above factory establishment permit, and immediately commenced the bed tree work, and during that process, Defendant B was indicted of a violation of the Management of Mountainous Districts Act, etc. due to the fact of the above damage, and convicted Defendant B was found guilty.

C. In addition to the witness F’s testimony on the facts acknowledged as to whether Defendant B’s liability was recognized, it can be recognized that the human father, who had performed the cutting work of the Defendant’s land, damages the trees owned by the Plaintiff beyond the boundary of the Plaintiff’s land as a result of the Defendant B’s instruction. As such, the Defendant B constituted a tort by negligence and compensate the Plaintiff for the damages incurred therefrom pursuant to Article 750 of the Civil Act.

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