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(영문) 대전지방법원 논산지원 2017.01.25 2013가합614
손해배상(기)
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 340,902,863 won and 5% per annum from March 1, 2012 to January 25, 2017.

Reasons

1. Facts of recognition;

A. Since the year 1986, the Plaintiff has been operating a fish farming business with a license for fish farming in the basin C in the Chungcheongnam-gun of Chungcheongnam-do. Since 2011, the Plaintiff reported inland water fisheries and formed a fish farm with a size of 5,644m2 in Chungcheongnam-gun, Chungcheongnam-do, and formed a fish farm with a size of 5,644m2.

B. Defendant Republic of Korea (the competent Ministry of Land, Transport and Maritime Affairs) entered into a contract for the selection of the contractor as the executor of the F project on February 12, 2010, and the contractor immediately commenced the construction and reached the completion on June 11, 2012.

The construction section covers 9.08 km from the G Joint point of view to H, Chungcheongnam-nam, and among which, the construction section includes a bank of Chungcheongnam-do adjacent to the plaintiff's cultivation site.

Part of the bank section is within 170 meters from the aquaculture, and the recent distance from the aquaculture is 70 meters.

C. Defendant Korea Development Co., Ltd. (hereinafter “Defendant Korea Development”) is a contractor for civil engineering works. From January 201 to December 201, 201, Defendant Korea Development Co., Ltd. (hereinafter “Defendant Korea Development”) performed river maintenance and removal reinforcement works within the construction section, including Briri bank. During the construction process, heavy equipment such as dump trucks, scoos, and dumers were mobilized.

In particular, from August 201, almost every day has started work from around August 201, and eight heavy equipment was mobilized every day.

Even if the work site is not the plaintiff's place of cultivation, it is difficult for heavy equipment to go through the Brith bank adjacent to the cultivation site.

On February 15, 201, immediately after the commencement of construction works in the vicinity of the farm farm, the Plaintiff notified the Defendant Korea Development on February 15, 201, that “Afford to take prompt measures as to high seas caused by noise and vibration.” On February 24, 2011, the Plaintiff notified the Daejeon Regional Land Management Office of the same content as that of the Daejeon Regional Land Management on February 24, 201, and on March 17, 2011, the Daejeon Regional Land Management Office of the Republic of Korea has suffered large-scale damage, such as death, due to stress caused by noise and vibration high seas caused by construction.”

. the content of the damage;

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