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(영문) 부산지방법원 2015.01.15 2014가합42694
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (1) The Plaintiff, a corporation established pursuant to the Korea Electric Power Corporation Act for the purposes of the development, generation, transmission, transformation, distribution, and related businesses of electric power resources, and the creation of a small-scale industrial complex in Gangseo-gu Busan Metropolitan City as a result of the creation of a small-scale industrial complex, the Plaintiff was awarded a contract for the construction of a small-scale medium-sized station located in the Gangseo-gu Busan Metropolitan Government (hereinafter “new-dong Construction”) on June 26, 2012 to the comprehensive construction of new-scale corporation (hereinafter “new-dong comprehensive construction”), which was located in the new-scale Busan Metropolitan Government Construction Corporation (hereinafter “instant construction”). The comprehensive construction of the Defendant New-dong Construction commenced the instant construction and completed the construction on August 20, 2013.

(2) The Defendant Busan Urban Corporation was a local public enterprise that implements a project for urban development, such as industrial complexes, urban development, tourism complexes, innovation cities, etc., and around December 31, 2008, the construction site of this case was transferred to the Plaintiff that purchased the relevant site around that time after the construction was commenced for the construction for the creation of the site of the above USSSSY and completed the construction for the stabilization of site around September 2012.

(3) The waterworks project headquarters established under Defendant Busan Metropolitan City (hereinafter “Defendant Busan Metropolitan City”) performed construction works (the name of construction works: connection of water supply pipes in the area of the river), from April 24, 2012 to December 24, 2012, in order to supply water for the industrial complex of the river industry, and the river section construction works were implemented from December 18, 2012 to December 22, 2012, and the completion inspection was conducted on December 26, 2012.

B. (1) The occurrence of the instant accident (i) Defendant New Zealand Construction commenced the instant construction from September 5, 2012 to September 15, 2012, left the earth and sand from the earth and sand from September 5, 2012 to the 15th of the same month, was filled up in the part “B” indicating the attached drawing, which is the land for Defendant Busan Urban Corporation, to use it as the earth and sand thereafter. On October 2012, Defendant New Zealand Construction was requested by Defendant Busan Urban Corporation to dispose of the said soil and sand.

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