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(영문) 전주지방법원정읍지원 2014.07.22 2014가단1155
손해배상(기)
Text

1. Of the instant lawsuit, the part concerning the claim for damages due to the Plaintiff’s disability and pulmonary death and the part concerning the claim for consolation money.

Reasons

1. Basic facts (applicable for recognition: Fact that there is no dispute, each entry in the evidence of subparagraphs 1 through 10, and the purport of the whole pleadings);

A. The Plaintiff is a livestock raiser raising Chinese rain in Jung-Eup Si. The Defendant purchased neighboring land located in the Plaintiff’s livestock shed from around 201 to build a small power plant (hereinafter “instant construction”) and is a company.

B. The Plaintiff asserted compensation for damages against the Defendant, alleging that the Plaintiff suffered damage, such as death or miscarriage of a pregnant suit due to the instant construction work.

C. On February 10, 2012, the Plaintiff and the Defendant entered into an agreement with the following contents (hereinafter “instant agreement”), and the Defendant paid KRW 10 million to the Plaintiff according to the instant agreement.

[State) In the establishment (construction) and operation of a location, hydroelectric power plant (referring to the defendant in this case) under construction, I agreed that the principal (referring to the plaintiff in this case) will receive a daily amount of 0 million won (10,000,000 won) from the previous agreement in accordance with physical and mental compensation from the main luminous precision. Any damage in the future will not be brought to the main luminous precision, and will actively cooperate in the establishment of a location, hydroelectric power plant).

2. The assertion and judgment

A. The plaintiff's assertion: It is as shown in the Attached Form "Cause of Claim".

B. 1) Determination 1) The part concerning the claim for damages caused by the project of the instant case, which is the material damage caused by the development and pulmonary death, and the part concerning the claim for consolation money, which is the mental damage caused by the project of the instant case, shall be determined as indicated in the attached Form “the cause of claim” and the Plaintiff shall compensate for the material damage caused by the project of the instant case and the mental damage caused by the construction of the instant case (hereinafter collectively “material damage and mental damage caused by the construction of the instant case”) (hereinafter “after the instant agreement”).

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