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(영문) 의정부지방법원 2015.01.28 2013가합11260
손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 24, 2010, the Plaintiff: (a) filed a report on inland fish farming business on three lots, including 975 square meters, including Macheon-si, Seocheon-si; (b) filed a report on inland fish farming business; and (c) cultivated Do Ri and its feed, with the trade name of “D (hereinafter “instant farm”).

B. On January 2012, the Defendant newly constructed four buildings, such as general steel structure and light steel framed structure, two-story factories and offices, on the ground of 6,391 square meters of land for Macheon-si, Macheon-si, and operated a logistics warehouse of “F” from the above building (hereinafter “instant logistics warehouse”).

C. Around July 2013, a large quantity of rainwater flows into the drainage channel installed around the farm of this case, and the farm of this case was flooded due to inundation, and accordingly, the opening of the farm of this case and the head of Siara, which were cultivated at the farm of this case, were all discarded.

(hereinafter referred to as “instant flood damages”). 【No dispute exists, Gap’s 3 through 5 (including numbers, hereinafter the same shall apply), the purport of the whole pleadings.

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion newly constructed the instant logistics warehouse, and installed the entire site in cement and asphalt, and linked the drainage facilities to the existing collection and alteration. Accordingly, the Defendant is obligated to compensate the Plaintiff for business losses incurred in operating the instant farm for two years after the instant flood damage, including KRW 117,046,80, and KRW 202,221,156, annually (i.e., KRW 102,10,578 x two years) by gathering rainwater from the instant logistics warehouse at one time as a result of the collection and alteration. As such, the Defendant was obligated to compensate the Plaintiff for losses incurred in operating the instant warehouse due to the instant flood damage, including KRW 117,046,80, and KRW 202,221,156 (i.e., losses incurred in operating the instant farm for two years after the instant flood damage.

B. The Defendant, on May 24, 201, permits to engage in development activities for the creation of a factory site from the Spocheon Market and the construction of a factory on July 15, 201.

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