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(영문) 창원지방법원 2016.02.18 2015가합30879
손해배상(기)
Text

1. The Defendants jointly share KRW 27,394,425 with respect to the Plaintiff, and the period from September 3, 2014 to February 18, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is running the manufacturing business of machinery parts, etc. with the trade name “C” at the Changsi-gu Seoul Metropolitan Government Ground B (hereinafter “instant factory”) owned by the Plaintiff.

B. Defendant Al&W Co., Ltd (hereinafter “Defendant Al&W”), Defendant P&C Co., Ltd. (hereinafter “Defendant P&W”), and Defendant P&C Co., Ltd. (hereinafter “Defendant P&C”) are joint contractors of the E-Formationed Construction Work to be created in Seongbuk-gu D in Changwon-si. Defendant Mobilization Construction Industry Co., Ltd (hereinafter “Defendant mobilization Construction”) are the contractors of the said general industrial complex construction work.

C. Defendant AW, while performing the construction of AWA, he was at least on the ground side of the Plaintiff’s plant following the instant plant, and he stored a embankment with a height exceeding 10 meters, planned to construct roads on the retaining wall above the said retaining wall. Accordingly, the mobilization construction carried out a construction for the embankment (hereinafter “the instant embankment”).

On August 18, 2014, the Plaintiff’s C operation was suspended on the wind that the soil ground, which gets on or off the instant embankment, has come into the plant of this case. On August 25, 2014, the daily rainfall amounting to 246.5m (83.5m per hour) in the Changwon area (83.5m per hour). Such concentrated rain did not have a temporary drainage installed in E, and the occurrence of an accident involving soil erosion was occurred due to nearby roads and factories.

On August 26, 2014, the Changwon-si sent an official door to the contents that Defendant AWnnnb would restore the facilities damaged by the said accident to the scarcity, provide compensation for nearby damaged factories, and maintain the drainage way in preparation for the predicted wells, and establish and submit the plan.

E. On August 26, 2014, around 23:00 on the following day, an accident of inundationing soil was occurred in a nearby factory building at another time.

Therefore, the Changwon-si judged that it is no longer possible to implement the construction on the 27th day of the same month, and Defendant Albnnb and the Gesung T&C.

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