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(영문) 서울서부지방법원 2017.12.12 2016가단250918
손해배상(기)
Text

1. The Defendant’s KRW 31,260,007 as well as 5% per annum from October 1, 201 to December 12, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. Under the Local Autonomy Act and the Seoul Special Metropolitan City Ordinance on the Establishment of Administrative Organizations, Seoul Metropolitan City established the Waterworks Business Headquarters under the jurisdiction of the Mayor in order to ensure the stable supply of tap water and improve the quality of water supply services, and to secure the public nature and expertise of the waterworks business, and to take charge of the waterworks business and install and manage the waterworks facilities.

B. On January 201, the Plaintiff purchased land and ground buildings in Eunpyeong-gu Seoul and (hereinafter collectively referred to as “instant real estate”) from around June 201, and engaged in the wholesale and retail business of agricultural products in the name of “C” from around June 201, and additionally, around September 201, the flood phenomenon was discovered in the above real estate underground and the relevant construction works were carried out as well as the waterproof and landscape-proof construction works on the floor and wall structure (hereinafter “additional construction”).

C. 1) Despite the implementation of the aforementioned additional construction, the flood phenomenon that flows a certain quantity of water into the ground of the instant real estate has continued regardless of the external superior quantity. At the request of the Plaintiff who has been so long as, the Defendant performed water leakage detection around September 2014 at the west Waterworks Business Office under the jurisdiction of the Defendant, it was confirmed that water supply was leaked due to the emulsion of water supply pipes in Eunpyeong-gu Seoul, Seoul D ground water supply systems located adjacent to the instant real estate. 2) The west Waterworks Business Office carried out the emergency restoration of water leakage of water pipelines in the water pipes on September 16, 2014; and thereafter, the flood phenomenon of the underground water of the instant real estate was not discovered.

1) The Plaintiff is the water leakage accident of the above water supply pipe (hereinafter “instant water leakage accident”).

(2) On September 20, 2014, immediately after confirmation, the Defendant filed a civil petition for damages related to flood damage at the Seodo Waterworks Business Office under the Defendant’s control. (2) The Defendant response to the Plaintiff’s civil petition and entered into a local government liability insurance contract (contractor: the Korea Local Finance Association) for which the Defendant entered into as the insured around September 2014.

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