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(영문) 수원지방법원 평택지원 2018.03.07 2016가단11580

손해배상(기)

Text

1. The Defendants jointly share KRW 70,000,000 and 5% per annum from October 20, 2016 to March 7, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. is the prime contractor that carried out the instant road construction works (hereinafter “instant road construction works”) between D and Defendant C, a plan to complete the construction from June 2013 to December 31, 2014.

B. From around 1998, the Plaintiff operated a aquaculture where the Defendants were using the name of taxi E and the name of F on the ground, a neighboring taxi E and two parcels of land near the instant road construction section (hereinafter “instant plantation”).

C. On June 3, 2014, the Plaintiff and the Defendants agreed to compensate the Defendants for damages incurred to the Plaintiff’s operation of the instant aquaculture in the course of performing the instant road construction work by December 31, 2014, in KRW 70,000,00. Accordingly, the Plaintiff agreed to the Defendants that the Defendants do not raise any issues and file a civil petition with respect to the damages incurred to the culture of the dong and the dong and the west, which occurred in the instant aquaculture (hereinafter “instant agreement”).

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. A claim for damages caused by the disturbance of a Dong or a mother's spawning and the death of a baby;

A. (1) The Defendant is liable to compensate the Plaintiff for damages incurred to the Plaintiff, since the noise generated from January 1, 2015 to December 31, 2016, which occurred during the construction work at the site of the instant road construction work in the vicinity of the instant cultivation site (hereinafter “the instant construction site”), (i) the Defendants had already undertaken the construction work on December 31, 2014, which was the period under the agreement of the instant case, until December 31, 2016, and (ii) the construction work was conducted on December 31, 2016, due to the noise that occurred during the period from January 1 to December 31, 2016.

(2) The amount of damage shall be 30% of the natural death rate and the fishery damage rate in 2,800 know of the 560-marirael 1 year.