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(영문) 청주지방법원 2019.10.16 2018가단27072
손해배상(기)
Text

1. The Defendant’s KRW 26,819,080 with respect to the Plaintiff and KRW 5% per annum from April 28, 2018 to October 16, 2019.

Reasons

1. Occurrence of liability for damages and limitation on liability;

A. Fact 1) The Plaintiff is a company selling electricity produced by installing solar power infrastructure of 500kw in Seo-gu, Seoan-gu, Seoan-si, Seoan-si, to the Korea Electric Power Corporation. The Defendant is a company selling the electricity produced by installing solar power infrastructure of 500kw to the Korea Electric Power Corporation. The Defendant is a new construction company in Seo

2) On the underground of the instant construction site, the Plaintiff was laid underground (hereinafter “instant transmission line”) but it was used to transmit electricity produced from solar power facilities operated by the Plaintiff to mechanical room (the place where the low voltage was changed to high voltage).

In addition, there was a guide sign laid underground on the ground of transmission line.

3) Around May 11, 2017, the Defendant’s employee destroyed part of the instant transmission lines and their pipes buried on the land during the instant construction site to perform installation works for temporary fences. As a result, the part of the instant transmission lines was cut off. Since the unborn part of the electric transmission lines, the electric current was flowed above the permissible quantity, and eventually, the Plaintiff was completely cut off around April 17, 2018. (iv) From April 26, 2018 to April 28, 2018, the Plaintiff sold electricity normally to Korea Electric Power Corporation from April 29, 2018.

[Ground of recognition] The statement and image of Gap evidence Nos. 1-1, 2, 2-1 through 6, Gap evidence No. 4, the purport of the whole pleadings, and the fact that the defendant does not clearly dispute the defendant

B. According to the above fact of recognition of the liability for damages, the Defendant’s employee, as the Defendant’s employee, has installed a guide sign laid underground in the vicinity of the instant construction site, and thus, whether the pipe and transmission line are laid underground in depth to a certain degree.

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