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(영문) 대전지방법원 2014.10.16 2013가합4078 (1)

손해배상(기)

Text

1. The Defendant: (a) KRW 73,945,072 to Plaintiff A; (b) KRW 66,801,778 to Plaintiff B; and (c) from August 16, 2012 to May 16, 2013 to each of them.

Reasons

1. Basic facts

A. The Plaintiffs are the local governments that set up eight plastic houses on the land located between Seo-gu Daejeon, Daejeon-gu, Daejeon (hereinafter “the flood area of this case”), and grow earth and sand, and the Defendant is a local government that set up and manages the “the EM pumps”) in the vicinity of the flood area of this case on October 16, 201.

B. As seen below, G G located in Seo-gu, Daejeon, where the flood area of this case was located, where the flood damage occurred due to the geographical features and habitual flood damage occurred in the flood area near the flood area of this case, as the flood area of this case was located in a place where H and I flow together (hereinafter “the combination point of this case”) and as the water level of the river located at the point where H and I flow out of the river at the point where H and I flow (hereinafter “the combination point of this case”), there is a lot of water coming from the river at the point where the water level of the combination of this case is sharply increased due to the heavy rain concentration of rain, and the rainwater coming from the G belt did not flow out of the river through drainage, and rather, it is frequently caused damage that the water flowed into the river and the water flowed into the G area.

In the vicinity of the flood area of this case, the current status of the flood area of this case

C. G’s habitually taking preventive measures against flood damage and the installation of the drainage pumps of this case) In order to prevent river water from flowing into G through drainage channels, the Defendant installed a water tank at the instant consolidated discharge stations, and obstructed the drain route by blocking the drain route, and at the same time, took measures to remove the water flowing into the river by using a large number of portable drainage pumps with the degree of 3 miles, and as at the time of a concentrated rain landing on July 10, 201, the aforementioned measures were also taken, and as at the time of a concentrated rain landing, the flood damage occurred, and on July 29, 2011, the Defendant established a flood prevention measure with the content that the Defendant would install two fixed drainage pumps with the degree of 30 macy on the front of the aforementioned floodgate, in accordance with the aforementioned preventive measures (2).