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(영문) 대구지방법원 2015.11.06 2015나7785
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The defendant is a corporation established under the Framework Act on Railroad Industry Development and the Korea Rail Network Authority under the Korea Rail Network Authority Act for the purpose of promoting citizens' traffic convenience and contributing to the sound development of the national economy by efficiently implementing the construction and management of railroad facilities and other projects

B. On May 28, 2014, the Plaintiff posted a civil petition with the following contents on the Internet website.

In the vicinity of B, 5,075 square meters in a railroad section in the permanent residence city (hereinafter referred to as “instant drainage channel”) is completely obstructed with earth and sand, and there is a concern about damage to the water damage of adjacent land crops cultivated by the Plaintiff due to drainage in the city of low water supply.

In contact with the defendant and the Korea Railroad Corporation, the employee confirmed the scene, but there is no clear answer, thereby establishing a civil petition.

In order to prevent any property damage caused by flood damage by completing the maintenance of the drainage way before the excellent rainy season, the head of Si/Gun/Gu shall take measures.

C. On June 9, 2014, the Plaintiff, the Defendant, and the Korea Railroad Corporation conducted a field investigation to identify and restore the causes of the instant drainage route.

When the Plaintiff, Defendant, and Korea Railroad Corporation had an opinion that the soil collected at the time of the relocation construction of the central permanent dam in the instant case would prevent the drainage of the instant case from flowing into the drainage hole due to the cost of the relocation of the central permanent dam in the instant drainage, the Plaintiff, Defendant, and Korea Railroad Corporation once again conducted a field investigation with Samsung C&T Co., Ltd., a corporation for the relocation of the central permanent dam in the instant case, on August 26, 2014.

In the absence of recovery from the drainage of this case, on August 2014, and on September 24, 2014, the first patrol officer was concentrated, and on September 24, 2014, part of the dry field cultivated by the Plaintiff was flooded.

(hereinafter “instant accident”) e.

The Korea Railroad Corporation completed restoration from October 6, 2014 to drainage of this case.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 (including paper numbers; hereinafter the same shall apply), Eul 2, 3, and 2.

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