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(영문) 서울고등법원 2016.04.21 2015나2058998

구상금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. The reasoning for the court’s explanation of this case is as follows: under the 11th 16th 16th 16th son of the court of first instance, the defendant’s new argument at the trial of the court of first instance is as stated in the reasoning of the court of first instance, except where the following determination is added; thus, it is acceptable in accordance with the main text of Article

【The Defendant asserts to the effect that “the Plaintiff, who is obligated to establish countermeasures against fishery damage in advance and reflect in the alternative design, neglects his/her duty and claims against the Defendant for all the agreed amount paid to the fishermen belonging to Pyeongtaek Maritime Fisheries Association as indemnity money.” In full view of the purport of the aforementioned evidence, the Plaintiff’s assertion that, after reviewing the original design of the ordering agency, the Plaintiff was presumed to have suffered fishery damage due to the construction of the bridge at Pyeongtaek Gyeong Gyeong Gyeong River, the Plaintiff changed the foundation of the file from 160 to 31, changed the unit from 160 to 31, changed the unit of the file from 160 to 160, used the sacrifice pipe to control water pollution and reduce underwater noise, and introduced the low noise method to reduce water pollution, and it is difficult to accept the Defendant’s assertion on the premise that the Plaintiff did not reflect the countermeasures against the instant fishery damage in the alternative design.”

2. As such, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.