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(영문) 춘천지방법원 강릉지원 2018.05.16 2017가단33663
손해배상(기)
Text

1. Defendant B Co., Ltd.: KRW 21,960,000 and 5% per annum from September 1, 2016 to May 16, 2018.

Reasons

1. Basic facts

A. On May 2, 2016, Defendant B Co., Ltd. (hereinafter “Defendant B”) obtained permission to engage in development activities on land form and quality of land from March 2, 2016 and obtained permission for development activities on land form and quality of land from March 11, 201.

B. The Plaintiff on March 20, 2013

D, E, and two parcels (hereinafter referred to as “Plaintiff’s land”) located adjacent to the parcel indicated in the port, are leased and occupied by paying the rent of KRW 5 million in a lump sum for three years until March 19, 2016.

C. On August 2016, Defendant B failed to properly perform drainage facilities, etc. among the above civil works, resulting in the inundation of the Plaintiff’s land, which was flooded by inundationing rainwater into the Plaintiff’s land near the said area.

(hereinafter “the flood disaster of this case”). As a result, 43 copies of the landscape trees planted by the Plaintiff (hereinafter “the instant pine trees”) were stored in the water.

[Reasons for Recognition] Facts without dispute, Gap 1 through 3 (including virtual numbers), Eul 1 and 2, and the purport of the whole pleadings

2. Claim against the defendant B

A. As to the lawsuit of this case seeking compensation for damages suffered by the plaintiff, claiming that the plaintiff had caused the flood accident due to the mistake that the defendant Eul failed to properly perform drainage facilities, etc. during the civil engineering works, the defendant asserted that the lawsuit of this case was filed against the defendant Eul, and that since the plaintiff agreed with the defendant Eul not to hold any civil or criminal responsibility for the damage caused by the soil and sand loss in this case, the lawsuit of this case should be dismissed as there is no interest in the protection of rights.

Comprehensively taking account of the overall purport of the arguments in Gap evidence No. 2, it can be acknowledged that the plaintiff made and made a letter of undertaking to the defendant Eul on August 7, 2016, stating that "the plaintiff shall remove and take measures to prevent recurrence that the plaintiff Eul lost earth and sand and shall not impose any civil or criminal responsibility for the damage caused by earth and sand."

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