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(영문) 서울중앙지방법원 2018.08.31 2018가합525274
손해배상(기) 등 청구의 소
Text

1. All of the lawsuits against the Plaintiff A’s Hyundai Engineering Co., Ltd. and the Defendant Two Industries Co., Ltd.

Reasons

Basic Facts

The parties concerned, from August 2013, Plaintiff A had operated and trained the dogs “D” (hereinafter “the instant dogs”) located in C (hereinafter “the instant dogs”). Defendant Seosung Urban Expressway Co., Ltd. (hereinafter “Defendant Seosung Urban Expressway”) is a project implementer who implemented an “E Public-Private Partnerships Project” (hereinafter “instant project”) based on the Act on Public-Private Partnerships in Infrastructure.

Defendant Hyundai Engineering Co., Ltd. (hereinafter “Defendant Hyundai Engineering Co., Ltd”) is an investor who owns 29.9% shares in the instant project and 29.5% shares in the instant project, and the said project executor.

From March 31, 2014 to June 30, 2017, Defendant Hyundai Engineering and two Industries, which are the construction of roads (hereinafter “instant construction”) in the vicinity of the instant field. The part of the instant construction performed by Defendant Hyundai Engineering among the instant construction works, including cutting, cutting, banking, bridge, packing, etc., is referred to as “the construction of this case.”

Of them, the period of blasting was from February 17, 2016 to October 14, 2016 by the Hyundai Engineering Corporation; from December 12, 2014 to February 23, 2016 by the two mountain Heavy Industries Corporation. From the instant dogs, there are approximately 183 meters in the site of modern engineering; and approximately 180 meters in the site of two mountain Heavy Industries Corporation. [Grounds for Recognition] There are no dispute, and there are no evidence Nos. 1 and 2 (including a provisional number; hereinafter the same shall apply).

As a result of the plaintiffs' request for appraisal of appraiser F of this Court, the summary of the plaintiffs' assertion of the purport of the entire pleadings is as follows: (a) raising the instant outline from March 2008 to August 2013; and (b) 1/2 of the above outlines from August 2013 to the plaintiff A.

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