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(영문) 수원지방법원 2017.10.25 2015가단129263
구상금
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. The Plaintiff is an institution that ordered the construction of A access road (hereinafter “instant access road”) (hereinafter “instant construction”) from August 2008 to November 2009 in accordance with the Convention with Nonparty 1, 2009, and Defendant Han New Public Co., Ltd. (hereinafter “Defendant Han New Public Co., Ltd”) and Masco Construction Co., Ltd. (hereinafter “Defendant Posco Construction”) are the persons who performed the instant construction work by organizing a joint supply and demand organization.

B. From around July 2002, Nonparty B operated a flower farm that cultivates fry in Gwangju and D, adjacent to the access road of this case (hereinafter “instant farm”). Nonparty B, at the same time, was flooded (hereinafter “the first flood”), the farm of this case was flooded at a level of 191.0 meters of rainfall per day on July 1, 2009 (hereinafter “the first flood”), and around July 11, 201, the farm of this case was flooded at a level of 191.0 meters of rainfall per day.

(hereinafter referred to as “the second inundation of this case,” and “the total inundation of each of the above inundations” is referred to as “each inundation of this case.”

B On May 14, 2012, the Gwangju District Court 2012Gahap51099 filed a lawsuit against the Plaintiff and Gwangju Metropolitan City seeking compensation for damages caused by flooding. D.

The court of the first instance held that, with respect to the causes of inundation of the instant flooding, Gwangju Metropolitan City did not reflect the surplus rate of the cross-breadth pipe for the access road STA.0 593 and STA.0 064 part in the design process of the construction project of the access road to the instant case, the Plaintiff constructed the cross-breadth pipe for the said part of the instant case differently from the design of Gwangju Metropolitan City with D=1,200 meters at D=1,000 meters, and that each flood of the instant case was caused by concurrent design negligence between the Plaintiff’s construction and the design negligence of Gwangju Metropolitan City, the damage of B due to each flood of the instant case was total of KRW 13,430,584.

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