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(영문) 서울고등법원 2020.12.04 2020나2004148
구상금 등
Text

Among the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid under the order shall be revoked.

Reasons

1. The reasoning of the judgment of the court on this part of the basic facts is that of the reasoning of the judgment of the court of first instance, the part concerning the basic facts under paragraph (1) is stated, and thus, it is cited in accordance with the main sentence of Article

2. Summary of the parties’ assertion

A. Plaintiff 1) The Defendant did not confirm the boundaries and laid down the instant transmission line by neglecting the boundaries of the instant land, and the Plaintiff paid KRW 290 million to G with the expenses for relocation and recovery of the instant transmission line. Since the Defendant was obligated to pay KRW 290 million to G, the Defendant is obligated to pay the Plaintiff the amount of indemnity, which was due to the Defendant’s negligence on the part of the Defendant for tort liability, the Plaintiff incurred loss incurred the relocation and recovery of the instant transmission line, and thus, the Defendant is obligated to pay the Plaintiff the amount of money indicated in the said Section 1 as compensation for tort. 3) Since the Defendant was found to have violated the boundary of the instant land due to the Defendant’s negligence on the part of the Plaintiff’s tort claim for restitution of unjust enrichment, the Plaintiff is obligated to pay the interest and recovery expenses, instead of the Plaintiff, and thus, the Plaintiff has acquired unjust enrichment for the instant facilities without any legal cause.

3. Determination as to the claim for indemnity

A. In full view of the evidence and the facts found prior to the existence of one of the liability for damages due to incomplete performance, Gap evidence Nos. 3, 14, Eul evidence Nos. 1 through 7, and 25, and the purport of the entire pleadings as a result of fact-finding as to the South Korea Land and Housing Corporation and the subordinate headquarters of the Korea Land and Housing Corporation and the subordinate branch offices of the Korea Land and Housing Information Corporation, the instant transmission line construction is a construction that starts in the Korea Power Power Power Power Power Conversion Station and opens a high-tension electric cable to the G heat consolidated power station, and the defendant commenced around April 24, 2015.

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