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(영문) 수원지방법원여주지원 2020.05.07 2019가단50538
손해배상(기)
Text

1. Defendant E and F Co., Ltd. jointly share KRW 12,561,068 to the Plaintiffs and their related thereto.

Reasons

1. Basic facts

A. As part of the project to improve G water wetlands, Defendant Gyeonggi-do implemented the river embankment improvement project (hereinafter “instant construction project”), which is a habitual flood area, from April 2017 to December 2020, the river embankment improvement project (hereinafter “instant project”).

Defendant E (hereinafter “Defendant E”) and Defendant F Co., Ltd. (hereinafter “Defendant F”) are companies with business purposes, such as engineering work, and Defendant E is the contractor of the instant construction work, and Defendant F is the subcontractor of the instant construction work.

Defendant F was under the supervision and supervision of Defendant E, and the instant construction work was carried out to improve G bank, etc. in the G 1.9km section of G 1.9km in Leecheon-si through Iri.

B. The Plaintiffs, as married couple, install 22 greenhouse houses on the K, L, M, and N (hereinafter “instant river site”) leased by the joint-owned land and by other persons (hereinafter “instant river site”), and jointly cultivate drilling and sprinks.

The site of this case is located adjacent to G and bank, where the construction of this case is being implemented, and the site of this case is located adjacent to G and is located adjacent to the lower side of the site of this case.

C. On May 16, 2018, the Korea Meteorological Administration’s observation showed a rain of 34.7m of the daily river volume on May 16, 2018. The Plaintiffs suffered from the inundation-related damage (hereinafter “the primary damage of this case”).

Plaintiff

On July 12, 2018, A and Defendant F drafted a civil petition agreement (hereinafter “instant agreement”) with the following contents.

On July 27, 2018, Defendant F paid KRW 10 million to the Plaintiffs in accordance with the instant agreement.

1. The content of civil petition: The civil petition shall be filed again on-site by the flood damage, the flood damage of which is about 7 dong (not less than 70m per hour) among the 14 greenhouses of the 14-dong greenhouse, which is cultivated by the civil petitioner on May 16, 2018, in the field of the day: 2. The agreement shall be followed;

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