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(영문) 수원지방법원안산지원 2016.10.19 2015가단33328
손해배상(기)
Text

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

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

Reasons

1. The following facts may be acknowledged in light of the overall purport of the pleadings as to the images of Gap evidence 1-1, 2, 2-1, 2-1, 14-1, 14-6, 1, 2-1, 2-1, 2-3, 5, 1, 7-1, 2, 8, 9-1 through 6, and 5-1, 7-2, 8, 9-1, and 9-6:

From April 15, 1991, the Plaintiff operated the E fishing place (hereinafter referred to as the “instant fishing place”) in the Young-gu D reservoir in Ansan-si, Ansan-si. The Plaintiff thereafter operates the E fishing place to the F restaurant.

B. Around March 21, 2011, Defendant B Co., Ltd. (hereinafter “Defendant B”) approved “Implementation Plan for Public-Private Partnership Project on the Highway” by the Seoul Regional Land Management Office of Land, Infrastructure and Transport, and began construction of G Highway 27.38km that passed around the instant fishing place from April 29, 2011.

C. From April 1, 2012, Defendant C Co., Ltd. (hereinafter “Defendant Construction Co., Ltd”) (hereinafter “Defendant C”) had been engaged in the instant excavation work in the instant excavation work, from around the end of April 1, 2012, in the construction work on the said Highway, through I going through I at the H department in Ansan-si located near the instant fishing place, and going through the 2.3km of the length to connect Kdong in Sinpo-si in Sinpo-si, Jung-si (hereinafter “instant excavation work”). On June 15, 2014, the instant excavation work was completed, and the blasting work was performed in the instant excavation work, and as a result, was put into the storage near the reservoir in the vicinity of Sinpo-dong and Seopo-si.

On the other hand, Defendant Construction reported the development and use of underground water to Ansan City Mayor in accordance with the provisions of Article 8 of the Groundwater Act and Article 13 of the Enforcement Decree of the same Act during the excavation work in this case, Defendant Construction Co., Ltd. installed underground water pipelines in the upper part of the Seocho-gu, Ansan-gu, Busan-si, the upper part of the water line which flows into the fishing place in this case and used underground water for the excavation work in this case

E. However, the Plaintiff’s sales of value-added tax base related to the instant fishing place, etc.

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