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(영문) 대전지방법원천안지원 2020.07.22 2019가단1189
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 30,00,000, and KRW 5% per annum from March 14, 2019 to July 22, 2020, and complete payment from the next day.

Reasons

1. Facts of recognition;

A. The Defendant is operating “D” (hereinafter “Defendant farm”) on the land outside the Dong-gu, Chungcheongnam-gu and two lots outside the Dong-gu, Chungcheongnam-gu, and the land.

From March 14, 2017, the Defendant farm operated “G” (hereinafter “Plaintiff farm”) which is a breeding facility, from March 14, 2017, the F, who leased the said land from the Plaintiff’s husband, on the land outside the Dong-gu, Dong-gu, Dong-gu, and three parcels, Dong-gu, Dong-gu, and Dong-gu.

B. From around 2003 to about 14 years, the Defendant dried livestock excreta generated from Defendant farms within livestock pens without installing disposal facilities or taking measures such as consignment disposal, etc., and disposed of them by the following method, etc.

C. Avian influenza (AI) occurred around December 2016, and both Defendant farms and Plaintiff farms were unable to raise ducks.

In order to directly operate the Plaintiff farm, around September 5, 2017, the Plaintiff obtained permission to run the original livestock farming business (breeding stock business) using the name of the place of business from the Y as “H”.

On July 16, 2017, there was an accident where the Plaintiff farm’s livestock excreta was leaked, and the livestock excreta was stored inside the livestock shed and on the site of the Plaintiff farm (hereinafter “instant outflow accident”) due to the centralized rain in the river area adjacent to the Defendant farm.

E. On September 5, 2017, the astronomical Mayor issued an order to take measures to order the Defendant to dispose of livestock excreta stored inside the livestock shed and the site of the Plaintiff farm on September 22, 2017 with respect to the instant outflow accident, and to order the appropriate disposal of livestock excreta stored inside the livestock shed and the site of the Plaintiff farm.

On October 23, 2017, the Chungcheongnam-do Administrative Appeals Commission rendered a ruling revoking the above disposition on the ground that there was an error in the process of prior notification to the defendant or not giving the defendant an opportunity to present his opinion prior to the above disposition.

F. Since then, the astronomical Mayor shall undergo procedures such as prior notice, etc., and thereafter, the Plaintiff by November 28, 2017 and by December 15, 2017.

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