1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Basic Facts

A. On April 2, 2008, in order to secure earth and stones necessary for the implementation of Q business, the Defendant obtained the authorization and permission necessary for the development of land B and 16 lots of land from Kimhae-si, Kimhae-si, and the collection of earth and rocks (hereinafter “the collection of earth and rocks”), and the Defendant entered into an agreement on the designation of earth and rocks and the supply of earth and rocks (hereinafter “the instant agreement”) with the Defendant, in order to secure earth and stones necessary for the implementation of Q business, and obtained the permission from the Korea Forest Service for the shipment period from July 16, 2008 to December 31, 2012, 208.

B. The Plaintiff is a company that manufactures and sells automobile parts and operates a factory at the domicile adjacent to the Do forest in Kimhae-si, which is a parcel of the land for the collection of earth and rocks in this case.

C. B collected earth and rocks from April 1, 2009 to October 31, 2010 in accordance with the instant agreement. D, the earth and rocks were collected from the place of the instant earth and rocks gathering.

On May 17, 2012, the Defendant approved the design plan for the recovery of the earth and rocks in this case from the Kimhae-si, and applied for an inspection on completion of the restoration works in the Kimhae-si on April 30, 2014. However, on May 12, 2014 from the Kimhae-si, the Defendant received a notification of the non-construction completion due to the parts which were executed differently from the original design and the omitted or non-construction parts, and obtained the approval by submitting the amended design plan for the restoration to the Kimhae-si on September 22, 2014.

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, the Plaintiff’s factory collapses as part of the slopes of D forest land adjacent to the Plaintiff’s factory due to the centralized rain.