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(영문) 광주지방법원 2015.04.16 2014가합54252
손해배상(기)
Text

1. The Defendant’s KRW 128,608,920 for the Plaintiff and KRW 5% per annum from August 28, 2013 to April 16, 2015.

Reasons

1. Basic facts

A. The Plaintiff cultivated B, C, D, and E 9,00 square meters in total (hereinafter “instant land”) of Seo-gu, Seo-gu, Gwangju.

B. On August 28, 2013, the pilot of the 1st investment vehicle of the Republic of Korea, on board T-50 T-50 training gear, felled into the instant land due to the violation of the duty of care in flight while the pilot of the 1st investment vehicle of the Republic of Korea fells into the instant land due to the fall of the said training gear and the leakage of heat and port-sharing, thereby damaging the seeds of the Nari cultivated from the instant land.

(hereinafter referred to as “instant accident”). [Grounds for recognition] The fact that there is no dispute, Gap evidence 1, Gap evidence 11-7 and 8, and the purport of the whole pleadings.

2. According to the above facts finding that the defendant's flight company's liability for damages occurred, since the above training season was crashed due to negligence in flight committed by the defendant's flight company while flying over the airspace above the land of this case, and the plaintiff damaged the US seeds cultivated on the land of this case, the defendant is liable to compensate the plaintiff for the damages caused by the accident of this case pursuant to

3. Scope of liability for damages

A. The Plaintiff asserted 1 of the parties: (a) the Plaintiff: (a) transferred brine seeds, which were planted on the instant land, and leased 124,832 square meters in the vicinity of the instant land; and (b) the Plaintiff may cultivate the rice field exceeding 10 times the mother area in the event that brine seeds were transferred to the main paddy field; (c) the amount of compensation shall be calculated on the basis of the area corresponding to 90,000 square meters in the mother area, which is ten times the mother area; and (b) the amount of compensation shall be calculated on the premise that the Plaintiff is able to harvest them more than twice a year; and (c) the Plaintiff suffered mental damage, such as the Plaintiff’s failure to engage in normal economic activities due to the instant accident, and thus, the Defendant should pay the Plaintiff KRW 10,00,000 as compensation for mental damage.

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