[손해배상(기)][공1993.2.15.(938),541]
The case holding that if toxic chemicals are contaminated by drinking water sources connected to a river due to the druplicating of a vehicle into a river and caused the Gun residents not to use groundwater contaminated by drinking water and installing small-scale waterworks, the amount equivalent to the expenses for the expenses shall be deemed as losses in proximate causal relation with the above accident.
The case holding that the amount equivalent to the expenses incurred in installing small-scale waterworks is losses in proximate causal relation with the above accident, if the Gun intended to guide that the toxic chemicals flow into a river and the ground water sources connected to the river are polluted, so that the Gun residents may not use the ground water contaminated by drinking water, and the small-scale waterworks is installed.
Article 763 (Civil Act Article 393 (Article 393)
Attorney Yang Dong-chul, Counsel for the plaintiff-appellant
Defendant Park Chang-chul, Counsel for the defendant-appellant
Gwangju High Court Decision 90Na6247 delivered on May 28, 1991
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
The grounds of appeal are examined.
In light of the records, the fact-finding and the decision of the court below that the defendant is liable for damages caused by the occurrence of a motor vehicle uniform accident due to the negligence of the defendant's employee who has driven a special cargo vehicle owned by the defendant, and the toxic chemical substance leaked into a river near the road is contaminated by the plaintiff's food source connected to the river as a result of the pollution of underground water connected to the river.
Furthermore, the fact-finding of the court below as to the scope of liability for damages caused by the above accident is also justified. As determined by the court below, the plaintiff village used the above groundwater as a food source using wells or pumps facilities. If the above groundwater has been contaminated, the non-party passenger village residents belonging to the administrative district failed to use the above polluted groundwater as drinking water and let the plaintiff village residents install small-scale waterworks as a substitute for the existing water supply facilities, the amount equivalent to the expenses shall be the amount of damage in proximate relation with the accident of this case and the defendant shall be liable for such damage (the court recognizes the fact that the defendant agreed to compensate for the expenses for small-scale waterworks, but regardless of the existence of such agreement, the above facility expenses are reasonable to deem that there is a proximate causal relation with the accident of this case). The judgment below did not recognize the defendant's liability for damages due to the violation of the rules of evidence or the grounds for the installation and management of simplified water supply facilities under the Local Autonomy Act.
Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.