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(영문) 광주지방법원 2018.05.25 2016나7063

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked, respectively.

Reasons

1. Basic facts (applicable for recognition: Fact that there is no dispute, entry of Gap evidence 1, purport of the whole pleadings);

A. The Plaintiff is the owner of land C and buildings with six floors above the ground (hereinafter “instant building”), and the Defendant Company, which entered into a contract with the time of leisure and the “construction and replacement construction works with an excellent performance” on July 27, 2012, which entered into a contract with the time of leisure and the time of leisure and construction works, and Defendant B performed the construction works with an excellent performance under the supervision of the Defendant Company, which was in charge of the Defendant Company, and Defendant B performed the construction works with an excellent performance.

B. On September 3, 2012, the Defendants excavated and cut off special high-tension electric lines laid underground (hereinafter “instant electric lines”) that were laid underground in order to install excellent lines on the road front of the said building.

(hereinafter “instant accident”) 2. Determination

A. 1) The establishment of the liability for damages was established on the front of the instant building (the ground for recognition: (a) the fact that there is no dispute; (b) the entries or images of Gap evidence 11; and Eul evidence Nos. 11 through 4 (including each number; hereinafter the same shall apply); and (c) the fact-finding on the branch offices of the Korea Electrical Safety Corporation in the present court; hereinafter the purport of the entire pleadings as a result of the fact-finding on the branch offices of the Korea Electrical Safety Corporation). However, the point where the instant accident occurred is about 6.6 meters away from

(1) According to Article 67 of the Electric Utility Act, the Minister of Trade, Industry and Energy has determined and publicly announced the technical standards necessary for the safety management of electric installations pursuant to Article 67 of the FDE (Criteria for Technical Standards for Electric Facilities). According to the foregoing, the depth of electric lines laid underground by directly laying underground lines should be at least 1.2 meters in places where the high depth is likely to be affected by vehicles or other weight, and at least 60 centimeters in other places. However, the instant electric lines are laid underground around approximately 23 cm from the ground, and the said electric lines were laid underground above the depth set forth in the said criteria. (C) The Defendants are the Defendants.