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(영문) 춘천지방법원 영월지원 2018.08.08 2017가단10225

손해배상(기)

Text

1. The Defendant’s KRW 34,674,045 for the Plaintiff and KRW 5% per annum from February 24, 2017 to August 8, 2018.

Reasons

1. Basic facts

A. A. Around 2016, the Defendant entered into a contract for B (hereinafter “instant construction”) with the static Line National Land Management Office, and performed it.

B. The Plaintiff’s power transmission line (hereinafter “instant power transmission line”) was laid underground in part of the underground part of the roads installed in the vicinity of the Gangwon-gun, Suwon-gun (hereinafter “instant road”). However, on August 6, 2016, the Defendant, among the instant construction works, committed an accident involving partial destruction of the power transmission line in the course of performing excavation works for installing a drum of the instant road.

(hereinafter referred to as “instant accident”). [The grounds for recognition] The fact that there is no dispute, each entry of Gap evidence 1, Eul evidence 12 (including paper numbers), each video and the purport of the whole pleadings.

2. Summary of the parties' arguments;

A. The Defendant did not implement measures to confirm whether the Plaintiff buried underground and caused the instant accident while doing excavation work on the road of this case. Therefore, the Plaintiff is liable to compensate the Plaintiff for damages caused by the instant accident.

B. Since the accident of this case occurred due to the following reasons attributable to the plaintiff, the defendant should be exempted from liability or be restricted from liability for the accident of this case.

According to the design standards for the distribution of the Plaintiff, the Plaintiff did not install a marking tag in the vicinity of the power transmission line.

Although the Plaintiff received a request from the Defendant for the relocation of the electric poles installed on the road of this case before the execution of the instant construction, the Plaintiff notified the Defendant that the electric transmission line of this case is installed on the underground part of the road of this case, or did not deliver any opinion related thereto.

According to the design drawings of the transmission line of this case, the location of the transmission line of this case is underground near the outer slope of the road of this case, and approximately 2 meters away from the point where the accident of this case occurred, and the plaintiff is in this case.