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Reasons
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(영문) 대전고등법원 2016.12.23 2015나14325
손해배상(기)
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1. Of the judgment of the court of first instance, the part against Defendant SP Co., Ltd. shall be revoked, and that part shall be subject to the revocation.

Reasons

1. Facts of recognition;

A. From May 2009, the Plaintiff: (a) 5 square meters adjacent to C reservoir B located in Seosan-si; (b) 5 square meters; (c) 5 square meters in a rectangular type (21m in length and 25m in width) of 5 square meters (hereinafter in a embankment, “in order from the left side of the fish farm” was examined; and (d) 1/5 in a place where water is cultivated.

B. On November 12, 2013, Defendant Korea Rural Community Corporation managing C reservoir (hereinafter “Defendant Korea Rural Community Corporation”) concluded a contract on the instant construction works involving repair and reinforcement of the bank of the reservoir (hereinafter “instant construction works”).

C. The instant construction project is designed to block water leakages from the bank downstream, and Defendant A, according to the said contract, performed the instant construction project by inserting cement pipes from November 13, 2013 to December 26, 2013 by inserting cement pipes from the bank upper part, thereby gathering the space of the bank.

On April 2014, the Plaintiff discovered that the household goods cultivated in the fish farm Nos. 1, 3, and 5 of the instant case were discarded.

E. On May 2014, the Plaintiff: (a) found cement from the floor of the instant fish farm Nos. 2 and 4 in order to put a brucated fish for a patrolman; (b) found cement from the floor; and (c) contacted Defendant 2.

F. Around May 31, 2014, Defendant SP sold the floor of the fish farm Nos. 2 and 4 of the instant case, and was mixed with cement, other than soil.

【Ground of recognition】 In the absence of dispute, Gap's evidence Nos. 1 through 9, 11, 14, 15, 19, Eul's evidence Nos. 1 through 4, 6, 12, and 17 (including the number of pages), Gap's evidence Nos. 1 through 4, 6, 12, and 17, the testimony of witness G, F, and witness L of the court of first instance, the inquiry of the inland fish farming research center of the court of first instance into the inland fish farming center of the court of first instance, the result of the inquiry of the first instance court of the first instance about

2. Determination as to the establishment of liability for damages

A. The Plaintiff’s summary of the Plaintiff’s assertion is the Plaintiff.

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