beta
(영문) 수원지방법원 2020.11.12 2019가단21695

손해배상

Text

Defendant C Co., Ltd. shall pay KRW 12,350,00 each to the Plaintiff (Appointed Party) and the Appointed E and F, and its related amount. < Amended by Act No. 1609, Dec. 2, 2019>

Reasons

1. Determination as to the claim against Defendant B and D

A. The Plaintiffs, based on the facts, are co-inheritors, who were the owners of G 4,007 square meters (hereinafter “instant land”) in Sungsung-si, who were the children of the deceased H (Death on May 30, 2019; hereinafter “the deceased”).

Defendant D, around January 2017, delegated the authority to conclude a guest construction contract with 15 farmland owners, including the Deceased, and entered into a guest construction contract with Defendant B, who is engaged in civil engineering and construction business under the mutual name of “J”, with the following content:

(hereinafter “instant construction project”). The name of the construction project site: The Igian construction period shall be completed from January 17, 2017 to April 30, 2017.

7. The guest soil shall be guest soil at a height of 2 meters from the present ground.

(which may be consulted and consulted with the owner of the land). 8.2m below the lower floor (soil) and upper floor shall be 0.7m above the upper floor (high soil).

9. Neither garbage, construction wastes, nor industrial wastes shall be brought into Korea in guest soil.

11. The liquidation work shall be thoroughly conducted in such a way that it does not interfere with the formation of the farm house in the current year; and

Defendant B subcontracted the instant construction to Defendant C Co., Ltd. (hereinafter “Defendant Company”), and the Defendant Company completed the instant construction work around April 30, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 6, 9, 10 (including branch numbers), the purport of the whole pleadings

B. Determination as to the cause of the claim 1) The Defendant Company asserted by the Plaintiff (Appointed Party) buried soil that is inappropriate for rice farmers, such as construction industry wastes, etc., on the instant land, and Defendant B and D participated in this part. As a result, the Deceased and the Plaintiffs incurred damages equivalent to the profits that could have been gained from rice harvest during the said period from around 2017 to three years, and damages (32.5 million won) and mental suffering equivalent to the expenses incurred in restoring the land to its original state.

Accordingly, Defendant B and D.