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(영문) 부산지방법원 2018.04.25 2016가합50811
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of the lawsuit shall include costs resulting from the participation.

Reasons

1. Basic facts

A. The plaintiffs are companies engaged in each manufacturing business in factories located in Gangseo-gu, Busan Metropolitan City, 58 (dong branch office). (2) From March 2007, the defendant is a representative company of a joint supply and demand company composed of each of the above companies, jointly with Samsung C&T, interesting construction companies, and fixed-sum development companies, under a joint supply and demand of "Tidong-Serodo Expansion Works" from the Busan Metropolitan Land Management Office, which is being engaged in construction in the vicinity of the plaintiffs' factories (hereinafter "the construction of this case").

B. From Oct. 5, 2016 to Oct. 08:00 to Oct. 10, 2016, the impact of typhoons caused a flood accident due to heavy rain caused by heavy rain, the instant construction site and the daily house where the Plaintiffs’ factories are located, with a concentrated of 72.5m of the maximum rain per hour per hour, and there was an accident where the buildings and machines in factories are inundationd (hereinafter “instant accident”) due to inundations by the Plaintiffs’ factories on the wind where floods occur.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 2, 3, 4, 7, 9 (including paper numbers; hereinafter the same shall apply), the result of each fact inquiry to the head of the Busan Regional Construction and Management Office of this Court, the purport of the entire pleadings

2. Determination as to the cause of claim

A. The Defendant asserted that the instant accident occurred due to the Defendant’s failure to perform the duty of care to prevent the loss of earth and sand and to manage good quality by flowing away from the construction site of the instant construction site into an excellent tunnel, and due to the concentration, the Defendant’s failure to perform such duty of care to prevent the occurrence of the instant accident. As such, the Defendant’s active damage, such as the cost of replacement and repair of machinery, etc., which occurred around the Defendant’s tort, and the loss caused by the suspension of factory operation, such as the cost of replacement and repair, which occurred around the Defendant’s tort.

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