손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On March 23, 2011, the Plaintiff’s assertion: (a) leased an intermediate store of Seocho-gu Seoul Metropolitan Government B and 102 (hereinafter “instant store”) under the name of ASEAN; and (b) stored various goods, such as the original gate and furniture, used for the interior of the instant store; (c) on July 27, 201, a part of the upper end of the upper end of the front cover of the instant store located in the Seoul and Gyeonggi-do (hereinafter “the instant landslide”); and (d) as a result, a river flowed to the instant store due to soil and sand, surface water, rainwater, etc., and was flooded, KRW 5 tons of the raw materials stored in the instant commercial building, including KRW 5 tons of raw materials and furniture, thereby causing damage to KRW 200 million.
However, the defendants are those responsible for managing the facilities of the roads and public structures in the vicinity of the Dogsan where the landslide in this case occurred, and are obligated to prevent damage to the neighboring roads of the commercial building in this case and their neighboring houses, and take measures to prevent the inflow of the surface water by installing erosion control facilities, etc., but did not properly perform the above duty of protection measures generally required by social norms, and thereby the plaintiff suffered such damage. Thus, the defendants are obligated to pay 200 million won to the plaintiff in compensation for damages pursuant to Articles 2 and 5 of the State Compensation Act.
2. The fact that the landslide in this case occurred due to the judgment of the court below, around July 27, 201, a concentrated rain around July 27, 2011, is not disputed between the parties, but the plaintiff suffered loss due to the landslide in this case.
However, there is no evidence to acknowledge that the Defendants were negligent in failing to perform their duty to take protective measures required by social norms, as alleged by the Plaintiff, so the above assertion by the Plaintiff is without merit.
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