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(영문) 서울고등법원 2015.02.09 2014나2006693
손해배상(기)
Text

1. The judgment of the first instance court, including the claim of the Plaintiff C extended at the trial room, shall be modified as follows.

Reasons

Basic Facts

On February 14, 2007, Defendant Daean Construction Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd”) was awarded a contract for the construction cost of J Road Packing construction work from the Public Procurement Service to the Gyeonggi-do Office from February 15, 2007 by setting the construction cost of KRW 67.294,97,000, and the end-user institution from February 15, 2007 to September 5, 2012.

B The construction of the L Tunnels and M Tunnels in the case of strike was included in the construction of the L Tunnels and M Tunnels at the time of strike in the road package work in the certificate No. 1-1 of B.

(A) On May 6, 201, the Defendant Gyeonggi-do entered into a contract with Defendant Company and Taiwan Construction Co., Ltd. to increase the said construction cost to KRW 75.192,014,00,000, and to change the end-user institution to the road office of Gyeonggi-do. The instant valley (hereinafter “instant valley”) is located between the end-point department of L tunnels and the end-point department of M tunnels. The Defendant Company, around August 2008, obtained the approval of the construction of a bridge connected the instant valley from Defendant Gyeonggi-do to M tunnels to use it as a vehicle for construction work in the course of performing the bridge construction connected the instant valley from L Tunnels to M tunnels, and performed the construction of the instant valley to 9.5m high level of the Korean language of the road to be filled with a road to be filled with a road to be filled with a road to be filled into the ground.

(hereinafter “the instant embankment,” “the instant temporary road,” and “the instant construction,””) Defendant Company created the instant embankment, and laid two fumes in diameter at the bottom of the embankment for the purpose of draining the downstream from the upstream of the valley to the downstream.

(hereinafter referred to as “the instant fume”. The temporary road and the instant fume are located between approximately 50 meters to approximately 600 meters each of the instant valleys, and the buildings of “N” operated by S and “N” (hereinafter referred to as “X rest,” “N”) at the point below the instant valleys.

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