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(영문) 울산지방법원 2017.02.22 2016가단50961
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On February 2, 2007, the Defendant concluded a contract with C to complete the construction of hazardous material installation works, including the installation of oil tanks, pipeline works, main organic works, and capital production works (hereinafter “instant installation works”) among the facilities of Ulsan-gu D ground oil stations (hereinafter “instant gas stations”).

C Co., Ltd. operated the gas station of this case.

On January 13, 2015, the head of Ulsan Metropolitan City North Korea's Northern District Office issued a corrective order on the ground that the soil contamination level of the gas station of this case exceeded the potential soil contamination level as a result of the soil contamination inspection on the gas station of this case. On February 13, 2015, the order was issued to improve the soil contamination prevention facilities, and on April 16, 2015, the order was issued to purify contaminated soil.

[Reasons for Recognition] Unsatisfy, Gap 1 and 2 evidence, the purport of the whole pleadings

2. The Plaintiff’s assertion is accepting and operating the instant gas station around December 2014.

Although the Defendant, while performing the instant facility construction, stipulated that the oil pipeline construction, which is laid underground, should be constructed as a low-tension city gas pipe of KS products that meet the safety standards for gas station facilities and luxinging for corrosion prevention, in violation of this provision, used low-sufficiency materials to reduce material costs, in particular, using general pipes without using lutering clothes to prevent corrosion on the water supply pipe which was laid down on the water supply pipe which was laid underground, and not filled out with pipes because he did not use the lutering clothes to prevent corrosion on the water supply pipe which was laid down on the water supply pipe which was set up on the ground.

The soil of the gas station of this case was contaminated due to the leakage of oil caused by the influence of corrosion pipelines.

Inasmuch as soil was contaminated by the Defendant’s error in its construction, the Defendant is liable to compensate for the total amount of KRW 198,777,429 (total amount of expenses for restoration work, KRW 145,777,429, KRW 50 million, and KRW 3 million) incurred by the Plaintiff.

3. The evidence Nos. 6 and 7 alone is that the Defendant, while performing the construction of the instant facilities, abandons the gas station of this case.

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