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(영문) 춘천지방법원 2018.02.14 2015가단6787
손해배상(기)
Text

1. On the Plaintiff (Counterclaim Defendant),

A. The Defendant (Counterclaim Plaintiff)’s KRW 25,580,773 as well as the foregoing, from September 23, 2015 to February 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On June 28, 2012, the Plaintiff is an incorporated farming association established for the purpose of managing agriculture, forestry, or the livestock industry, constructing houses for power generation, selling houses, etc., on a single unit of 62,954m2 and 14,704m2 in Hongcheon-gun, Hongcheon-gun.

B. On March 12, 2013, the Plaintiff entered into a contract with F (the Plaintiff’s withdrawal of the lawsuit against the said Defendant on November 2, 2016) for civil engineering works (site creation works) for the area for which permission for conversion of mountainous district was granted (hereinafter “the instant construction site”) out of forest land under the said paragraph by setting the construction cost of KRW 130 million (the monthly deposit of KRW 10 million with F’s passbook), and the construction period by the end of March 2014, on which the Plaintiff entered into a contract for civil engineering works agreed to handle by F.

C. F around February 2014, F completed the foregoing civil engineering works.

Defendant B, upon introduction from F on February 2014, intended to store bombs and retaining walls at the construction site of this case, and managed the entire site of this case, and Defendant C from March 27, 2014 to the same year.

5. By 20.20, Defendant B introduced the construction site of this case with the dump stack and retaining wall construction (hereinafter “instant construction”).

E. However, at the beginning of August 2014, an accident that collapses with a double retaining wall located in the fourth site of the instant construction site (hereinafter “instant collapse accident”) (hereinafter “instant collapse accident”).

F. The appraiser G of this Court assessed that the collapse accident of this case occurred due to the failure of basic construction, stone shooting, and salvaging and draining salvating, and that the defect of the fourth and fourth parts of the construction site of this case was KRW 51,62,728.

[Reasons for Recognition] Unsatisfy Facts, entries and images of Gap evidence 1, 5, and 6 (including virtual numbers; hereinafter the same shall apply), the result of on-site verification by this court, the result of appraisal by appraiser G, the purport of the whole pleadings

2. The parties' assertion

A. (1) The Defendants jointly contracted the instant construction work from the Plaintiff.

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