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(영문) 광주지방법원 2017.12.15 2017나51005
손해배상(기)
Text

1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. The reasoning for this part of the reasoning is the same as that of the judgment of the court of first instance, and thus, this part of the reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The summary of the plaintiffs' assertion had a duty of care to identify fishermen subject to damage due to the instant harbor project through the accurate damage forecast survey prior to the implementation of the instant harbor project. However, while the Defendants failed to properly perform this duty, G (C) caused a large quantity of fish culture cultivated in the instant culture due to a mistake in the course of performing the instant harbor project, and as a result, the suspension of operation of the instant culture culture, such as fish culture, etc. in the instant culture for a considerable period of time, the Plaintiffs suffered damages equivalent to 62,480,000 won, where the Plaintiff lost utility due to corrosion of the instant machinery and apparatus as shown below.

Therefore, the Defendants are jointly obligated to pay 31,240,000 won and damages for delay to the Plaintiffs, respectively, pursuant to Article 2(1) of the State Compensation Act, Article 750 of the Civil Act, or Article 44 of the Framework Act on Environmental Policy, respectively, pursuant to Article 2(1) of the State Compensation Act, Article 750 of the Civil Act, or Article 44 of the Framework Act on Environmental Policy, respectively.

3. According to the reasoning of the evidence No. 9, the fact that the Korea Fisheries Research Institute of the Korea Fisheries University requested C on October 8, 2012 that the Korea Fisheries Research Institute of the Korea Fisheries Research and Development requested C to suspend the entry of fish culture in the instant aquaculture for at least six (6) months, which is a survey period for fishery damage by the Korea Fisheries Research Institute of the Korea Fisheries Research and Development Institute.

However, the following circumstances, which are acknowledged by Eul, based on the overall purport of arguments in the statement of No. 5, as seen earlier, and ① as seen earlier, Twitter Corporation among the instant harbor works.

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