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(영문) 창원지방법원 2015.09.03 2014가합35457

손해배상(기)

Text

1. Defendant Korea Water Resources Corporation: KRW 93,82,767 to Plaintiff A Co., Ltd. and KRW 123,671,006 to Plaintiff Co., Ltd.

Reasons

1. Basic facts

A. Defendant Korea Water Resources Corporation (hereinafter “Defendant Corporation”) is a public corporation with the purpose of contributing to the improvement of citizens’ lives and public welfare by facilitating the supply of water for living and improving water quality through the comprehensive development and management of water resources. Defendant Cheongdo-gun entrusted the management of the Do river, which is a local river section under the River Act, from the Gyeongdo-do-do-do-do-do-do-do-do, and the Plaintiffs operated a factory or stored various equipment in the Do-do-do-do-do-do-do-Si, Cheongdo-do-gun-do-do-do-do-do-do

(b) Dongcheon, which is a local river section, is a river that is created in the highly dedicated mountain of Ulsan-si in Ulsan-si and that is spawned into the spawn River through the spawn-si, Gyeongsan-si, Cheongyang-si, Cheongyang-si;

On the upper stream of the Dong Changcheon-do, the town dam for the purpose of water supply has been completed in 1995 and has been operated until now.

C. The basin area of the meteorite Dam is 301.30 m2, the normal top altitude (the highest height at which water can be discharged) is 155.10m, the planned flood level is 155.10m, the EL 152.6m, the daily high water level is 150.0m, and the flood period (from June 21 to September 20 each year) is 146.80m, respectively.

In addition, the planned flood discharge is 3,896 cubic / beginning, and the planned flood discharge is 1,946 cubic / beginning.

The Daegu Regional Meteorological Administration, on September 16, 2012 due to the impact of typhoons on typhoons, sent a Ho-do Cheong-do Cheong-do Cheong-do Cheong-do Cheong-do, and on September 17, 2012, it was replaced by a typhoon warning from September 17, 2012.

From September 15, 2012 to September 17, 2012, due to typhoon's "murbane", an average of 199.2m (hereinafter "the intensive rain of this case") in the Cheongdo-Gun area was lowered, and as a result, the Plaintiffs' factories, etc. located in the Cheongdo-gun, Cheongdo-gun, Cheongdo-gun, Cheongdo-do-gun, Cheongdo-do-do-gun, were flooded (hereinafter "the flood damage of this case").

E. In order to prevent flood damage caused by the instant concentrated rain, the Defendant Corporation shall have the quantity of the streamed basin of the meteorited Dam to prevent the flood damage.

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