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(영문) 대전지방법원 2019.04.04 2017가단8064
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B Corporation (hereinafter “Defendant C”) ordered Defendant C (hereinafter “Defendant C”), etc. to “D” from Cheongju-si, Yan-si, and Sejong Special Self-Governing City from 20 November 20, 2015 to 28 December 20, 2019, and Defendant C subcontracted part of the construction work to E (hereinafter “E”).

B. G, the owner of the F orchard 4,089 square meters of Sejong Special Self-Governing City (hereinafter “instant orchard”), sold the instant orchard to H on February 19, 2016, and completed the registration of ownership transfer on March 24, 2016.

C. On August 3, 2016, while the construction was being carried out by Sejong Special Self-Governing City I, water leakage was generated from the water pipe for living, but was restored on August 7, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, 14, Eul evidence 3, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff asserted that the instant orchard was leased from G around January 2014 to the 50 boxes of noble sublime, and that the Plaintiff leased the instant orchard under the same conditions as H around March 2016, the Plaintiff leased the instant orchard to run sublime farming houses in the instant orchard.

However, from May 2016 to August 201 of the same year, Defendant C discharged the ground water discharged from the underground without securing drainage channels in the course of performing the work laid underground as a pipe in front of the instant orchard to the farm roads adjacent to the instant orchard. Accordingly, the instant orchard was flooded and the product value of the sublime fell below 5% compared to the ordinary trade.

Defendant C neglected the duty of direction and supervision to implement the appropriate construction work as the ordering person of the construction work performed by Defendant C, and Defendant C neglected to perform the construction work as a construction business operator and incurred the loss to the Plaintiff by neglecting the duty of due care.

In light of the Plaintiff’s amount of damages, the Plaintiff was making profits of KRW 91,536,210 each year as a sublime farmer.

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