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(영문) 창원지방법원마산지원 2015.01.30 2013가합1143
손해배상(기)
Text

1. Of the principal lawsuit, the part on the claim of the Plaintiff (Counterclaim Defendant) mining forest construction corporation shall be dismissed.

2. The plaintiff (Counterclaim defendant) is the opposing defendant.

Reasons

1. Basic facts

A. The Plaintiffs were awarded a contract for the “D Zone Improvement Project” in the area of Kimhae-si B and C Ilwon-si from Kimhae-si to December 31, 201, and were doing construction from February 25, 201 to December 31, 2011. The Defendant is the owner of the land adjacent to the construction site of the said project, Kimhae-si E-si, 2,196 square meters (hereinafter “instant land”).

B. On March 201, the Plaintiffs were performing the construction of ground-breaking for the construction of rainwater pumps and drainage channels (hereinafter “instant construction”) on the neighboring land of the instant land. However, upon receiving the Defendant’s request to fill up the instant land as earth and sand generated during the instant construction, the Plaintiffs filled up the instant land more than twice on April and November 2 of the same year.

C. On April 2012, waste wastes, such as waste concrete and waste vinyl, were discovered in the part filled by the Plaintiffs among the instant land.

On June 12, 2012, Kimhae-si recognized the fact of illegal waste reclamation, and on June 12, 2012, the Plaintiffs issued an order to take measures to “the Plaintiff was confirmed to have buried wastes in the instant land in violation of Article 8(2) of the Wastes Control Act, and thus, illegally buried wastes (the whole quantity of waste concrete and mixed soil) in the instant land and discharged the completion report.”

At around October 2012, the Plaintiffs completed the restoration work to the original state, which removes all earth and sand filled on the instant land in accordance with the above order to take measures.

E. On October 2012, the Plaintiffs received a summary order of KRW 2 million each due to a violation of the Wastes Control Act with respect to the fact that the wastes were buried on the instant land.

F. On July 2, 2014, the Intervenor received a claim attachment and collection order from the Changwon District Court Branch 2014TTTT3162 on July 2, 2014 with respect to the damage claim against the Defendant by the Plaintiff, the Intervenor, as the obligee against the Plaintiff Mine Forest case. The said order was served on the Defendant on July 31, 2014.

[Ground of recognition] A.

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