beta
(영문) 제주지방법원 2021.02.17 2019가단67670

손해배상(기)

Text

1. The Defendant shall start on October 2, 2019 with respect to the Plaintiff A’s KRW 14,315,00, KRW 20,477,000, and each of the above amounts.

Reasons

Basic Facts

Plaintiff

A carries on the business of producing and selling electricity by installing approximately 1,340 copies of solar power sets on the ground of Jeju-si D and E, and the plaintiff B owns the store of the farm household on the ground of the F in Jeju-si.

The defendant is a legal entity established under the Act of the Korea Institute of Marine Science and Technology for the purpose of research on sources, applications, commercial research, etc. necessary for the development of marine science and technology and the marine industry, and has a Jeju Research Institute as an affiliated organization on the G ground of Jeju (hereinafter referred to as the "Research Institute of Marine Science and Technology").

Plaintiff

The location of solar power plants operated by A, the storage of plaintiffs B, and the research institute of this case, the defendant's affiliated organization, shall be as follows:

On October 2, 2019, FDE-do had a strong wind and rain in the vicinity of the research institute of this case from 03:00 to 04:00 on the same day on October 2, 2019 due to the influence of the typhoon (hereinafter “the instant typhoon”).

The cumulative rainfall amount from around 00:00 to around 08:00 on October 2, 2019 is 218 meters, and the amount of lecture per hour at around 03:00 to around 04:00 reaches 32.5 meters each, and 84.5 meters.

On October 2, 2019, between October 2, 2010 and 04:00, the greenhouses of the instant research institute and its affiliated buildings (SP) were destroyed by the said typhoons, and containers nearby the said research institute.

[Grounds for recognition] Gap's evidence Nos. 1 through 7, 18, 32 through 34, Eul's evidence Nos. 8 (including numbers; hereinafter the same shall apply), and the majority opinion of the parties concerned in the whole pleadings, the defendant is the owner of interest in the building, appurtenant building, container, etc. of the research institute of this case.

The defendant did not take such measures despite the fact that the above attached buildings, containers, etc. do not suffer from typhoon damage.

As a result, as the container was destroyed by the typhoon of this case, the remaining damage, etc. is winded or the math of the affiliated building is far away, the Plaintiff A’s solar energy.