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(영문) 광주지방법원 2016.11.16 2016가단502048

손해배상(기)

Text

1. The Defendant’s KRW 7,00,000 and the Plaintiff’s annual rate of KRW 5% from November 8, 2014 to November 16, 2016.

Reasons

1. Basic facts

A. The Plaintiff was growing self-satis in Gwangju Mine-gu B (hereinafter, the instant fish farm).

B. The defendant is the executor of the "C-Local Industrial Complex Development Project" under Article 7 of the Industrial Sites and Development Act and Article 9 of the Enforcement Decree of the same Act (hereinafter the project in this case).

C. In order to implement the instant project, the Defendant: (a) agreed with the Plaintiff to compensate for operating rights to the instant fish farm; (b) did not reach an agreement; and (c) filed an application for adjudication with the Gwangju Metropolitan City Regional Land Expropriation Committee on August 14, 2013.

On December 16, 2013, the Gwangju Metropolitan City Land Tribunal issued an order to supplement the application for adjudication on the grounds that the quantity by fish species, the appropriateness of the waste rate, the supplementation of various materials, etc.

Around November 8, 2014, the Defendant filled up the land around the fish farm of this case, and he he he he he he he he he he he he he dried up up up three sides around the fish farm of this case with soil walls at a height of three meters (hereinafter “the construction of this case”). As a result, he turned out part of earth into the fish farm of this case, thereby making soil hot water.

E. The Plaintiff mobilized sckes, etc. to search both fishing grounds and cut 50 marins at the end.

The Plaintiff demanded the Defendant to compensate for damages due to the lost 2,400 horses, but the Defendant requested a re-consultation on compensation for losses on or around December 4, 2015.

On December 16, 2015, the Defendant deposited KRW 13,175,000 as the agreed amount on obstacles, etc. against the Plaintiff.

[Ground of recognition] Facts without dispute, Gap 1 through 5 (including paper numbers), Eul 5, Eul's testimony, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion that a considerable of KRW 26,750,00 (2,535km) 126,750,000 (2,535kmx 50,000/km) on the instant fish farm was lost or closed as the instant construction. Thus, the Defendant compensates the Plaintiff for KRW 126,750,000, around the Plaintiff.