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(영문) 광주지방법원 2018.01.12 2017나52121
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On January 1, 2013, the Plaintiffs entered into a water investment contract that sells pine trees on the ground of 3,125 square meters and D 2,008 square meters (hereinafter “instant land”) and divided profits therefrom. The Plaintiffs planted pine trees on the instant land.

B. On October 29, 2014, the Defendant entered into a contract with the Defendant’s Intervenor for the construction of access roads (hereinafter “instant road construction”) and commenced the construction work around April 25, 2015.

The instant land is located adjacent to the instant road construction site.

C. Meanwhile, a pair of construction companies (hereinafter “bridge construction”) entered into a contract with the Korea Industrial Complex for E Formation (hereinafter “instant created construction”) and commenced the instant created construction project around July 10, 2013.

On March 19, 2015, the Defendant’s Intervenor and the Defendant’s Intervenor discussed on March 19, 2015, as regards the connection of a reservoir located in the site of the instant construction project with the F reservoir located in the south, and as the F reservoir could not be connected before the said meeting, damage nearby farmland would be anticipated. Therefore, the Defendant’s Intervenor’s Intervenor discussed that the F reservoir plan should cooperate with the Defendant’s construction supervisor.

E. E. E. E. E. E. E. E. E. E. Excellent in the instant development project site enters and flows into the south.

The two sides of the instant land had a drainage channel from the existing point of view, but the instant construction project and the instant road construction project have flowed into a drainage channel, and the drainage was not adequate.

F. In such circumstances, the side of the instant construction works consulted with the Defendant joining the Defendant to discharge water within a reservoir located at the site of the instant construction works, but without sufficient measures or consultation to prevent soil and sand loss due to discharge, etc., the water of the storage site around April 30, 2015.

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