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(영문) 의정부지방법원 2020.12.17 2020나206626

손해배상(기)

Text

The part against the plaintiff falling under the amount ordered to be paid under the judgment of the first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is the owner of 4,371m2 (hereinafter “instant land”).

around 2017, the Plaintiff cultivated vegetables, including dynama, on the instant land.

B. From around 2010 to 2019, the Defendant carried out the Macheon City C Corporation (hereinafter “instant construction”) managed by the Defendant.

The contractor of the instant construction works is D Co., Ltd. (hereinafter “D”).

C. D closed the existing drainage route, which existed near the instant land in the process of the instant construction, and installed a narrow drainage route (hereinafter “instant drainage route”). On July 23, 2017, damage was inflicted on the water remaining in the instant land, which was cultivated on the water as a result of the expenses coming from around July 23, 2017.

On August 16, 2017, the Plaintiff filed a civil petition against the above damage, and drafted a written agreement with D as follows (hereinafter “instant agreement”).

D around that time, the Plaintiff paid KRW 9,000,000 to the Plaintiff for compensation for damage as stipulated in the instant agreement.

In the event of crop damage caused by concentrated rain on July 2017, D shall pay the Plaintiff KRW 9,00,000 for damage compensation. The Plaintiff agrees not to file a civil petition, etc. with any relevant institution on the damage of crops and future damage arising in connection with the construction site of this case, and the Plaintiff agrees to withdraw all existing civil petitions by August 17, 2017.

2. The Plaintiff shall not raise any civil or criminal objection with respect to the construction site of this case in any manner and in any form in the future.

E. After that, on August 21, 2017, the damage (hereinafter “the damage of this case”) occurred to most of the vegetables cultivated from the instant land, which had been cultivated on the drainage of this case, again, due to the cost of getting off around August 21, 2017.

F. D around March 5, 2018, the drainage of the instant case.