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(영문) 광주지방법원 2017.09.14 2016나59699
기타(금전)
Text

1. The defendant's appeal is dismissed.

2. Of the appeal costs, the part resulting from the intervention is the Intervenor joining the Defendant.

Reasons

1. Basic facts

A. The First Contract 1 of this case is the Intervenor joining the Defendant (hereinafter “ Intervenor”).

(1) On October 30, 2008, the construction of a new horse harbor (hereinafter referred to as “instant construction”) with the content of constructing a new horse in the Marina of Man-gun, Gangnam-do (hereinafter referred to as the “Man-gun”).

2) As to the implementation plan (hereinafter referred to as “instant project”).

(B) Around October 2009, the Defendant gave the Plaintiff a contract for the fishery damage investigation service amounting to KRW 371,690,760,000 for the service cost of the fishery damage investigation service pursuant to the instant project.

(A) The Plaintiff provided services under the instant first contract, and submitted a report stating the result thereof to the Defendant. The Plaintiff received full payment from the Defendant for the service costs under the instant first contract (No. B. 4 and no dispute). The Plaintiff expressed in the instant report that fishery damage would occur to part of the sea area of the Gangnam-gun, Gangnam-gun, due to the instant project. (b) The Plaintiff expressed the opinion that the instant second contract was concluded under the instant second contract 1 and the second contract 1) GS Construction Co., Ltd. (hereinafter “BS Construction”).

(B) On December 20, 2010, the Intervenor contracted the instant construction from December 21, 2010, and the Defendant commenced the instant construction from December 21, 2010 (Evidence B (Evidence 10) (B) based on the service performance report submitted by the Plaintiff, limited the scope of compensation for fishery damage under the instant project to part of the sea area of Gangnam Jinjin-gun, Seoul, based on the service performance report submitted by the Plaintiff. From April 3, 2011 to September 2, 2011, the Defendant conducted an appraisal of the goods subject to compensation under the instant project and confirmed compensation. The Defendant concluded most of compensation from September 9, 201 to October 2012.

(A) However, it is argued that fishermen operating farms in Jeonnam-gun-gun had suffered damage from the construction of the instant construction from July 2012, 201, and the civil petition is filed.

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