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(영문) 대전지방법원서산지원 2015.09.17 2014가합1224

손해배상(기)

Text

1. Defendant SP Co., Ltd.: KRW 10,00,000 and its amount from August 19, 2014 to September 17, 2015.

Reasons

1. Facts of recognition;

A. From May 2009, the Plaintiff made a fish farm in the rectangular form (21m in length and 25m in width) of 5 square meters in five equal parts of D land adjacent to C reservoir B located in Seosan City from May 2, 2009, and cultivated household water at the same time.

B. On November 12, 2013, Defendant Korea Rural Community Corporation (Seoul District Headquarters) managing C reservoir entered into a contract for the repair and reinforcement of the Defendant SP Co., Ltd. (hereinafter “Defendant SP”) and C reservoir bank (hereinafter “instant construction”).

C. The instant construction project is intended to block water leakages from the bank lower part, and Defendant yet performed the instant construction project by inserting cements from November 13, 2013 to December 26, 2013 by inserting pipes from the bank lower part in accordance with the said contract.

After the construction of the instant case, cement inflows into 2 partitions of the Plaintiff’s fish farm (hereinafter “the instant fish farm”) and generally cover the floor with a thickness of 2 to 10cm.

On January 2014, 10,000 masa 10,000, which were cultivated in the fish farm in the instant case, was found after springing.

E. Upon the Plaintiff’s request, Defendant Doz., at the end of May 2014, sent cement and soil on the floor of the fish farm of this case to E, using a dump truck and 15 tons dump truck, and the total quantity was 20 tons of dump truck.

G, a general manager at the construction site of Defendant AS, testified that cement and soil spreaded at the time were 15 tons of dump truck. However, at the time, G’s testimony is difficult in view of the fact that F is mixed with cement and soil, which directly worked to propagate cement and soil in the fish farm of this case, and that the fish farm of this case was 2 partitions, and that the fish farm of this case was 15 tons of dump truck, and that it was stated that 10 hours of work.