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(영문) 광주지방법원 2016.06.16 2013가합53825

손해배상(기)

Text

1. The Defendant: 110,876,288 won to Plaintiff A and 5% per annum from August 22, 2013 to June 16, 2016.

Reasons

1. Basic facts

A. Plaintiff B Partnership is a corporation established for the management of fisheries, the purpose of manufacturing and selling food for freezing fishery products, etc. (hereinafter “Plaintiff corporation”). Plaintiff A is the representative director of the Plaintiff corporation, and the Defendant is a local government that is the person placing an order for the improvement project of Young-gun C (hereinafter “C”).

B. The main content of the C Improvement Project is to perform the river bank works (hereinafter “instant construction”) on the both sides of C in order to prevent damage from flood damage caused by smooth flow of flowing water and concentrated rain.

C. On April 19, 201, the Defendant entered into a contract with the original engineering certified architect (hereinafter “original construction”) and C rearrangement project with respect to the construction cost of KRW 567,177,80, and the construction period from April 26, 201 to December 21, 201. On July 18, 2011, the original construction was entered into a subcontract with the non-party Korea Construction Co., Ltd. (hereinafter “Korea Construction”) for the construction cost of the C rearrangement project during the period of the C Rearrangement project to the period from July 19, 2011. < Amended by Act No. 324, Jul. 252, 2000; Act No. 10854, Jul. 19, 2011; Act No. 1087, Dec. 21, 2011>

C Improvement Project was completed on February 4, 2012, and public officials belonging to the defendant completed the completion inspection on February 17, 2012.

E. Meanwhile, the Plaintiff’s ownership and the building used by the Plaintiff Company was located in Young-gun D, Jeonnam-gun, and was close to C. Of the above building, the operation of the building was newly constructed around August 2005, and thereafter, the workplace, warehouse, etc. was extended to C.

(f) The Plaintiff filed a civil petition against the Defendant by asserting that the building in this case was ruptured due to the instant construction work, and that the ground was invaded. As the difference between the Plaintiffs and the Defendant regarding the scope of compensation for the building in this case is narrow, the Defendant is below the Korea Construction Foundation Co., Ltd.