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(영문) 부산지방법원 동부지원 2018.04.18 2015가단204498
손해배상(기)
Text

1. The Defendant’s KRW 26,035,602 for the Plaintiff and KRW 5% per annum from August 25, 2014 to April 18, 2018.

Reasons

1. The basic facts C is a local river that is produced from Busan Dri and flowed into E.

C At the upstream, the F reservoir (hereinafter referred to as “instant reservoir”) was completed around 1945 and has been operated until now.

The instant reservoir was managed by the Defendant pursuant to Article 16(1) of the former Rearrangement of Agricultural and Fishing Villages Act (amended by Act No. 12811, Oct. 15, 2014; hereinafter the same) and Article 2 of the Management Regulations for Agricultural and Fishing Villages Act.

The Plaintiff, as the owner of Busan G G, located in approximately 600 meters away from the instant reservoir, commenced on October 18, 2012 to build a new house on the said land. Upon the completion of the construction of the said house (hereinafter “instant house”), the Plaintiff filed an application for permission for the completion of the instant house at around that time.

around 13:30 on August 25, 2014, the Plaintiff was waiting for the construction completion permission on the instant housing, and a bank of the instant reservoir (hereinafter referred to as the “bank of this case”) was collapsed on the same day due to the influence of concentrated rain.

E. The Plaintiff suffered flood damage (hereinafter “the flood damage of this case”) where the instant housing was flooded on the same day.

[Ground of recognition] Facts without dispute, Gap's entries or images, and the purport of the whole pleadings, as stated in Gap's Evidence Nos. 1, 2, 3, 5, 13, 15, 19, 22, 24

2. The parties' assertion

A. The gist of the Plaintiffs’ assertion was that: (a) the instant reservoir was rated C (ordinary) as a result of a thorough safety inspection on November 201, 2013; (b) there was a lack of time to remove the reservoir in detail; and (c) there was a defect in the management of the instant reservoir, such as neglecting the repair, etc. of the instant reservoir, even though it was necessary to repair and reinforce the reservoir due to the defect in the occurrence of monthly water by the side of the river water.

The C water near the instant house is located.

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