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(영문) 전주지방법원군산지원 2019.01.24 2018가합50883

손해배상(기)

Text

1. The Defendants jointly and severally against the Plaintiff KRW 293,683,286 and KRW 106,650,000 among them, Defendant B shall be jointly and severally liable to the Plaintiff on October 18, 2017.

Reasons

1. Basic facts

A. On November 23, 2016, the Plaintiff entered into a sales contract between the Plaintiff and the Defendants with the Defendants: (a) the Plaintiff entered into a sales contract with the Defendants to purchase all of the facilities including D gas station site 694m2, E gas station site 796m2 and its ground oil reservoir (three on the land, one underground) (i.e., KRW 350,000,000 for each land purchase price of KRW 350,000 for each land and KRW 240,000 for each of the facilities, such as oil reservoir (hereinafter “instant sales contract”); (b) the seller of each of the above land and the above oil reservoir, etc. under the sales contract entered into a sales contract with the Defendant Company, but the Plaintiff alleged that the seller of each of the above land and oil reservoir was the Defendant, and did not dispute this. Therefore, the Defendants did not dispute the sales contract.

On January 16, 2017, the registration of ownership transfer concerning each of the above real estate was made.

B. On June 2017, the Plaintiff first entered into the instant sales contract, and sold it to one oil reservoir installed on the ground (capacity of 200,000 liters; hereinafter “instant oil reservoir”). On July 12, 2017, the Plaintiff entered the instant oil reservoir into an agricultural waterway near the instant gas station, thereby causing an accident that is likely to pollute the soil and sand of the instant gas station and the farm water of the neighboring farmland (hereinafter “instant oil reservoir”).

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, 4, and 5, and the purport of the whole pleading

2. The parties' assertion

A. The Defendants sold the instant oil reservoir to the Plaintiff, where the pipes connected to the Plaintiff were physically corroded, and the instant oil leakage accident occurred through the part of the said pipe corrosion, where oil was leaked and entered into a nearby farm road and farmland.

Accordingly, the plaintiff has confirmed and removed the state of soil contamination, and contaminated.