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(영문) 창원지방법원 2017.12.14 2015가합34178
손해배상(기)
Text

1. The Defendants jointly share KRW 32,914,751 to the Plaintiff, as well as 5% per annum from August 25, 2014 to December 14, 2017.

Reasons

1. Facts of premise;

A. On April 2, 2008, Defendant Korea Industrial Complex Corporation (hereinafter “Defendant Korea Industrial Complex Corporation”) entered into an agreement with Defendant B (hereinafter “Defendant B”) on the designation of earth and rocks and the supply of earth and rocks to restore them to the original state at the expense of Defendant B after acquiring earth and rocks from Defendant B Co., Ltd. (hereinafter “Defendant B”) and collecting earth and rocks. On July 16, 2008, Defendant Korea Industrial Complex Corporation obtained permission from the Korea Forest Service for the development of the collection of earth and rocks regarding the collection of earth and rocks.

B. The Plaintiff is operating a factory at the domicile adjacent to Kimhae-si D among the site for the collection of earth and rocks in the instant case.

C. Defendant B is the above.

From April 1, 2009 to October 31, 2010, the earth and rocks were collected in the instant earth and rocks collection place in accordance with the Convention.

On May 17, 2012, the defendant Corporation approved the plan for the restoration of the collection of earth and stone in this case from Kimhae-si, and the above A.

After Defendant B’s restoration work under the Convention, on April 30, 2014, he/she applied for a completion inspection on the above restoration work at Kimhae-si, but on May 12, 2014, he/she received notification of the non-construction completion due to the non-construction and the non-execution due to the non-execution of the original design and the non-execution of the non-execution.

E. Meanwhile, the Plaintiff reported on November 19, 2009 at the time of Kimhae-si, and the Plaintiff, from November 23, 2009 to December 23, 2009, performed a construction project for the prevention of disaster, such as the mitigation of slope, the reinforcement of retaining wall, the reinforcement of drainage facilities, the installation of melting soil and the presses, etc.

F. On August 25, 2014, after the Plaintiff’s factory, part of the D B sloped at Kimhae-si collapsed as a concentrated rain, and soil and rock products were fasted inside the Plaintiff’s factory (hereinafter “instant accident”).

[Reasons for Recognition] Facts without dispute, Gap evidence 2, 19 evidence, Eul evidence 2, 11, 18, 29, 30 evidence (including a serial number; hereinafter the same shall apply) and each statement, witness E's testimony and appraiser F.

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