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(영문) 서울고등법원 2014.01.23 2013나2005655

손해배상(기)

Text

1. The part of the judgment of the court of first instance against the defendant is revoked, and the corresponding plaintiffs' claims are dismissed.

2...

Reasons

1. The following facts may be found based on Gap evidence Nos. 1, 2, 6, 7, 9, 13, 19, 21 through 24, 27, 34, 38, 39, 40 (if any, including the serial numbers; hereinafter the same shall apply) and evidence Nos. 2, 6, 10, 12, and 2054 prior to consolidation in the first instance trial, as well as evidence Nos. 1, 1, 10, 12, and 20, as a result of the on-site inspection by the court of the first instance, as a witness I of the first instance, and as a result of the on-site inspection by the court of the first instance.

(1) Around July 27, 2011, Plaintiff 1 through 136 had resided in the Song-dong, Song-dong, Gwangju (hereinafter “instant flood area”) and Plaintiff 137 through 145 had engaged in the same business as the entry in the attached Table 2 Calculation Table “business type” in the flood area of this case.

(2) The defendant shall set forth in the following 1-B.

As seen in paragraph (1) of this Article, it is the subject of installation and management of Songcheoncheon, and around September 2001, it has been installed on the ground level of 52 Suwon-si (Songcheon-dong 93-11) and has continued to operate the transmission and drainage pumps (hereinafter referred to as the “instant pumps”).

B. (1) The river running between the flood area of this case and the transmitting-dong, Gwangju-dong, Gwangju-si, along the following forests, is a small river running toward the south from the north to the south, without being subject to the application or application of the River Act pursuant to the "Small River Management Act", and the name and area of the defendant market are designated and announced by the Mayor.

(2) At the upper region of Songcheoncheon-do, the flood areas of this case are located in the lower region, including the applicant of Gwangju City, and the instant flood areas are located in the lower region.

The flood area of this case is lower than that of the neighboring areas, and rainwater, which was fallen within the notification units of the North-west Do, Gyeongwon High School, Gwangju High School, etc., are flowing into the flood area of this case. The records of this case were dated November 21, 2013.

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