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(영문) 전주지방법원 2018.04.18 2017가합1751
손해배상(기)
Text

1. The Defendant’s KRW 364,332,363 as well as the Plaintiff’s annual rate of 5% from March 4, 2017 to April 18, 2018.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a company with the purpose of selling petroleum, etc., and the Korea Highway Corporation C (hereinafter “instant gas station site”) from the Korea Highway Corporation.

3) On the ground gas station is leased and D gas stations (hereinafter “instant gas stations”) are located.

(2) The Defendant was awarded a contract with the Korea Highway Corporation for the extension of oil storage facilities of D gas stations (hereinafter “instant construction”) by companies with the aim of civil engineering and construction works, etc.

B. On June 24, 2013, the Defendant entered into the instant construction contract with the Korea Highway Corporation and the Korea Highway Corporation for the extension of one oil storage facility outside of Dju stations by determining the contract amount of KRW 631,272,509, and the construction period from June 24, 2013 to December 20, 2013, and completed the instant construction project on January 2014.

C. Oil leakage 1) Incorporated E (hereinafter “E”) in the instant gas station

(2) On November 8, 2014, the employee collected samples from the instant gas station site and confirmed the contamination of oil as a result of the soil contamination inspection. (2) On November 8, 2014, the employee and the Plaintiff employee found the flow of oil from the instant gas station seven main amusements while excavating around the collection hole to inspect the soil contamination of the gas station site of the instant gas station. In order to separate the external board of the said gas station, the employee was destroyed by flexi, which connects the pipes newly installed by the instant construction to the water station and the gas station’s discharge.

(hereinafter “instant accident”). 3 The Defendant, on the same day, performed the work of replacing the said Pex Blue on the same day, connected the pipe and main discharge by means of pipes and main discharge, such as before the instant accident occurred, at the time of connecting the pipes and main discharge, and the employees of the Korea Highway Corporation are likely to cause a new accident to be destroyed by Pex Blue.

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