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(영문) 대전고등법원(청주) 2015.08.25 2014나20791

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff operates inland fisheries with permission from the Chungcheong City Mayor in the D reservoir located outside C and 50 lots in the Chungcheong City (hereinafter “instant reservoir”). The Plaintiff is operating a fishing place with the trade name of “E fishing place” (hereinafter “instant fishing place”). The Defendant is currently operating the instant golf course after constructing the “G consortium golf course” (hereinafter “instant golf course”) in the Haju City F from October 2009 to November 201, the period between October 2009 to October 201, 201.

B. At the time of the construction of the instant golf course, the Defendant installed a flood site and a drain channel to prevent earth erosion. From around August 2009 to around September 2010, the Defendant collected surface water at 10 points near the instant golf course each month and conducted water quality inspection. As a result of the above water quality inspection, on January 22, 2010, the suspended oil volume of surface water collected near the K branch located in the JJ on the ground of the instant golf course 32mg/L, the suspended oil volume of surface water collected at 28mg/L, and on February 24, 2010, the suspended oil volume of surface water collected at the reservoir located near the said K branch was 36mg/L, and the suspended water volume of surface water collected at 27m/7m of surface water collected from the K branch in the site of the golf course (excluding the suspended water from the K branch in the site of the golf course) at 36mg/7m of surface water collected at the site of the golf course.

3. Water quality and aquatic ecosystems;

A. According to the river’s and the two living environment standards, the river’s grade is divided into “Good Living,” “Good Living,” “Good Living,” “Good Living,” “Ordinary, Maysty,” “Nyyying,” “Yyying,” and “Yyying.” If the volume of floating material does not exceed 25mg/L, it falls under the stages of “Good Living,” “Good Living,” “Good Living,” and “ordinary” depending on hydrogen temperature concentration, etc.

C. The Korea Expressway Corporation from August 2007 to December 2013.