beta
(영문) 대전지방법원 2020.02.17 2018나102810

손해배상(기)

Text

1. The Plaintiff’s appeal against Defendant Korea Water Resources Corporation and Defendant B is all dismissed.

2. The plaintiff raised objection.

Reasons

1. The claims against Defendant Korea Water Resources Corporation and Defendant B are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for the following modifications:

“Defendants,” respectively, of heading 9, 11, 3, 17, 4, 3, and 4.

A. The second 15 and 16 of the 2nd 16th am “the Defendant Korea Water Resources Corporation and the Defendant B are jointly and severally liable to pay the Plaintiff the repair cost of KRW 50,031,610 due to the equipment damage, KRW 22,080,000, KRW 3,000, KRW 75,111,610, and KRW 610.”

A. The Defendant’s “Defendant” in the preceding sentence of the second sentence, 2, 7, 9, and 4 of the 3rd sentence shall be deleted. In the third sentence, “the result of the on-site inspection by this Court” shall be read as “the result of the on-site inspection by the court of first instance.”

A. The lower court added “part of the testimony, etc. of the witness G at the trial room” in front of the third party 18, and added “The core part of the river, such as the vicinity of the accident site, even if based on the testimony of some of the above G, is to clean up farming machines only at the edge of the river.” 2. The part of the claim against the Defendant trustee in bankruptcy (additional description)

A. In light of the absence of a dispute between the parties or the overall purport of the pleadings, it is recognized that C was declared bankrupt on July 6, 2018 by the Changwon District Court 2018Hahap8, and that attorney F was appointed as a trustee in bankruptcy.

In addition, it is obvious that the bankruptcy trustee took over the lawsuit of this case against C in accordance with the continuation order of December 11, 2019 by this court.

B. The Plaintiff filed a claim for the above KRW 75,11,610 jointly with Defendant Korea Water Resources Corporation, etc., but confirmed the bankruptcy claim regarding the said money after C’s bankruptcy declaration and the Defendant trustee’s bankruptcy proceeding.