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(영문) 서울고등법원 2015.06.02 2014나2015918

손해배상(기)

Text

1.The judgment of the first instance shall be modified as follows:

The Defendants jointly share the Plaintiff KRW 13,862,693 and 2.0 of them.

Reasons

1. Basic facts

A. The relationship between the Plaintiff and the Defendants 1) Defendant Korea Rail Network Authority (hereinafter “Defendant Korea Rail Network Authority”).

A) In accordance with Article 9(1) of the former Railroad Construction Act (Amended by Act No. 11690, Mar. 23, 2013); the construction project for the construction project for the metropolitan-type high-speed rail (hereinafter “instant project”) from the Minister of Land, Transport and Maritime Affairs at the time.

The implementation plan was approved, which was announced by the Minister of Land, Transport and Maritime Affairs on May 27, 201 and December 7 of the same year. Defendant B Co., Ltd (hereinafter “Defendant B”)

(1) The Defendant Corporation is a contractor who was awarded a contract for the foregoing project by the Defendant Corporation, and Defendant Hoho Construction Co., Ltd. (hereinafter “Defendant Hoho Construction”).

(2) From around February 2007, the Plaintiff had been residing in a plastic house on the ground of Gangnam-gu Seoul, Seoul. From around 2008, the Plaintiff had installed a breeding house in the same Gu’s plastic house on the ground of the same Gu and operated insect breeding business in which the head of a stong stong stong stong stong stong stong stong stong stong s to stong stong stong s to stong stong s to stong s

B. On April 19, 2012, Defendant 1, in the course of the instant project implementation, agreed to acquire a lot of land, including the above C and D land, to conduct a survey on obstacles to the above ground, and in this process, Defendant 2, employees, etc. of Defendant 1 who entered into a service contract with Defendant B, and employees of Defendant 1 Construction Co., Ltd, assisting Defendant 2 in the staff of Defendant 2. (2) Defendant 2, in the course of the investigation of the above obstacles, caused the Plaintiff and other residents’ claims including the Plaintiff, and Defendant 2 requested the replacement of assistant staff.

Upon receipt of a request from Defendant B for the same content, Defendant Hoho Construction shall perform the above services on April 10, 2012.