Seoul High Court Decision 201Na1448 delivered on August 1, 201

Korea

July 24, 2007

1. The Defendant’s KRW 1,820,314,960 and the instant money to the Plaintiff:

(a) 5% per annum from February 27, 2002 to March 22, 2006 with respect to 142,49,000 won and 20% per annum from the following day to the date of full payment;

(b) 5% per annum from May 21, 2003 to March 22, 2006 with respect to 619,000,000 won, and 20% per annum from the following day to the date of full payment;

C. For 533,343,000 won, 5% per annum from December 30, 2004 to March 22, 2006 and 20% per annum from the following day to the date of full payment;

(d) 5% per annum from January 1, 2004 to March 22, 2006 for 84,303,460 won and 20% per annum for 84,303,460 won;

E. 5% per annum from July 1, 2006 to May 18, 2007 with respect to 334,189,000 won and 20% per annum from the next day to the date of full payment;

F. For KRW 106,980,500, the amount of 5% per annum from February 23, 2007 to May 18, 2007 and 20% per annum from the next day to the date of full payment.

2. The costs of lawsuit shall be borne by the defendant.

3. Paragraph 1 can be provisionally executed.

The same shall apply to the order.

1. Occurrence of liability for damages;

(a) Facts of recognition;

The following facts are not disputed between the parties, or can be recognized by comprehensively taking into account each entry of Gap evidence 1 through 6 (including family number), the testimony of the non-party witness and the whole purport of pleadings.

(1) The Plaintiff owns the subway Green Station site in Yongsan-gu Seoul Metropolitan Government, and the Defendant bears the duty to compensate for damages to a third party other than the Government of the Republic of Korea due to defects in the installation or management of land structures and other facilities or goods possessed, owned or managed by the USFK in the Republic of Korea, when the members and employees of the United States Armed Forces (hereinafter referred to as the "usfk") stationed in the Republic of Korea pursuant to Article 2 of the "Special Act on Civil Procedure Concerning the Implementation of the Agreement under Article IV of the Mutual Defense Treaty between the Republic of Korea and the United States of America regarding Facilities and Areas and the Status of United States Armed Forces in the Republic of Korea" (hereinafter referred to as the "Special Civil Act"), and the said members and employees are forced to perform their duties and incurred damages to a third party other

(2) On January 2, 2001, the Seoul Metropolitan City Urban Railroad Corporation found oil in the aggregate underground water in the building site in the green field. On February 7, 2001, the Plaintiff investigated 39 oil facilities around the green field from April 23, 2001 to July 30, 2001 in order to verify that the oil belt is formed in the house distribution upper part after confirming that the oil belt is formed in the house distribution upper part. However, the Plaintiff did not find the oil leakage trace.

(3) On August 18, 2001, the Plaintiff: (a) requested the Korea Agricultural and Rural Infrastructure Corporation, a specialized institution in groundwater and soil, to conduct a basic survey on the groundwater pollution in the green field (hereinafter “the primary service”); (b) the Korea Agricultural and Rural Infrastructure Corporation, on February 2002, 207, 24 or 17 of the discontinued oil storage facilities; (c) the oil leakage is not observed in these oil storage facilities; and (d) the groundwater near the green field flows in the direction of the green field toward the green field in Yongsan-gun located in the southwest of the green field.

(4) On May 29, 2002, the Plaintiff, USF, and the Ministry of Environment: (a) held a joint conference of experts from Korea and US on May 29, 2002 to verify the fact that the oil and gasoline was leaked from the underground oil tank located in the mountain base of USF; and (b) discussed further investigation into the source of oil pollution.

(5) On October 21, 2002, the Plaintiff requested on October 4, 2002 the Korea Agricultural and Rural Infrastructure Corporation to conduct a survey in the area of water geological features for the purpose of identifying source groundwater pollution in the green field (hereinafter referred to as “second services”), and on April 17, 2003, the Korea Agricultural and Rural Infrastructure Corporation prepared a report on the source of pollution that the kind of oil discovered in the observation hole installed in the green sand tunnel and its site and in the observation hole installed in the area of the U.S.A. military base on April 17, 2003 and the kind of oil discovered in the observation hole installed in the area of the green sand tunnel and its site are the same type of J-8 and JP-8 are used only in the U.S. military base around the green sand basin. On May 7, 2003, the Korea Agricultural and Rural Infrastructure Corporation submitted to the Plaintiff a report on the source of pollution that the U.S. military base flows in the area of the upper river.

(6) On the other hand, JP-8 is a kind of oil used for the original port-sharing, but it is used for heating in the U.S. 8 airspace due to low prices, and it is not used in any area other than the U.S. 8 airspace in the vicinity of the Green Gmpon Station.

(7) On December 12, 2003, the Plaintiff, the Ministry of Environment, and the United States Armed Forces in Korea based on the above findings of the investigation, it cannot be confirmed that the oil oil contaminated by melting the green ground water flows into the green field from the oil storage place near the Yongsan Military Base. However, the report was made that there is a possibility that it is possible to do so in consideration of the groundwater flow near the green field.

B. Determination

The plaintiff asserts that the oil storage facilities managed by the USF in Korea contaminated the green field site, and the defendant argued that the gasoline was discharged from the oil storage facilities managed by the USF in the green field, but lux did not flow out from the facilities managed by the USF in Korea.

In full view of all parts of evidence evidence Nos. 1 through 4, it seems that there is a difference between the two areas in the source of pollution since oil is detected in 100% of gasoline or gasoline 60-70% of 30-40% of melting oil, 100% of oil or gasoline in melting stations, 30% of 70% of melting stations, and 70% of oil is detected in melting stations, but it is difficult to find that the above facts, parts of evidence Nos. 1 through 4, and witness testimony of the non-party as follows: ① The flow of ground water near melting the green field is the direction for melting station in the usfk, ② The defendant did not see that there is a difference between the plaintiff and the non-party's non-party's non-permanent storage tank and the non-party's non-permanent storage tank's non-permanent storage tank's non-permanent storage tank's non-permanent storage tank's non-permanent storage tank'.

2. Scope of damages.

As seen above, with respect to the damages for delay from the 20th day to the 30th day after the 20th day after the 30th day after the 20th day after the 30th day after the 20th day after the 20th day after the 30th day after the 30th day after the 20th day after the 30th day after the 20th day after the 30th day after the 30th day after the 20th day after the 20th day after the 30th day after the 30th day after the 30th day after the 40th day after the 20th day after the 30th day after the 30th day after the 20th day after the 4th day after the 20th day after the 20th day after the 3th day after the 30th day after the 30th day after the 20th day after the 20th day after the 20th day after the 3th day after the 20th day. day

3. Conclusion

Therefore, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.

Judges Park Jong-ho (Presiding Judge)