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(영문) 전주지방법원 2013.11.29 2012가합661

손해배상(기)

Text

1. All of the plaintiffs' claims against the defendant Nam-gu Construction Co., Ltd. are dismissed.

2. The plaintiffs' defendant.

Reasons

1. Basic facts

A. Defendant Neline Railroad Co., Ltd (hereinafter “Defendant Neline Railroad”) was established for the purpose of design, construction, lease, management, and operation of railroad facilities. From July 31, 2007, the construction of the Korea Railroad Neline Doctrine (hereinafter “instant construction”) was carried out from the Dogriri to the Haririririririririririririririririririririririririririririririririririririririririririririririririririririririri, and Defendant Neline Mining Co., Ltd. (hereinafter “Defendant Neline Mining Co., Ltd”) is both the supervising company on the design and execution of the said construction.

B. The total extension of the instant construction is 34.391km. Of them, the Section 1 was built by Defendant Nam-gu, Seoul Special Metropolitan City, and the Section 2 was built by the two-way Construction Co., Ltd. (hereinafter referred to as “balm construction”) with a section of 11.167 km from the Seoul Special Metropolitan City, Chungcheongnam-gu, Seoul Special Metropolitan City, to the Seoul Special Metropolitan City coal-dong. The Section 2 was built by the two-way Construction Co., Ltd. (hereinafter referred to as “the two-way Construction”). The Section 3 was 14.03 km from the Song-gu, Seoul Special Metropolitan City to the Gojin-gu, Seoul Special Metropolitan City, and the Central Construction Co., Ltd. (hereinafter referred to as “Central Construction”) and the Masco Construction Co., Ltd. (hereinafter referred to as “Masco Construction”).

C. Around 2011, the Plaintiffs cultivated dry field crops in each of the relevant farming areas listed in the separate sheet in the Yeongdeungpo-gu Seoul Special Metropolitan City G (hereinafter “instant farmland”). At the vicinity of the instant farmland, high-land flows in. The instant farmland is located at the lower reaches of the ancient River.

[Ground of recognition] Facts without dispute, Gap 9-14 evidence (including additional numbers), Eul 1 evidence, the purport of the whole pleadings

2. The parties' assertion

A. The Defendants asserted that the Defendants are the project owner and supervisor of the instant construction project, and that the second section is designed as a semi- underground section, and both excellent points in the construction section can be introduced into a high-level river due to topographical characteristics. Therefore, excellent points are adjacent.