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(영문) 서울중앙지방법원 2017.02.09 2015가단5228471
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. (i) On March 5, 2007, Cheongyang Construction Co., Ltd. (hereinafter Cheongyang Construction Co., Ltd.) entered into a construction contract on the construction project for the project for the improvement of water and marine wetlands in Yanyang-si, Cheongyang-do, and Cheongyang Construction, from November 2008 to July 2009, performed the construction project for the improvement of water and marine wetlands in the said district by demolishing the existing bank in the said district and expanding the width of the river.

(2) On March 13, 2008, Sheetnamdo concluded an integrated responsible supervision service agreement with the same corporation (hereinafter referred to as the same subparagraph, the same as the representative contractor) and the new technology development corporation (hereinafter referred to as the "new technology development corporation") under the guarantee of the plaintiff with respect to the above construction.

(1) On March 12, 2008, the employer and the Defendant entered into a contract for liability supervision deduction (hereinafter referred to as the “mutual aid contract of this case”) with respect to the above integrated responsibility supervision service (the securities indication: the integrated responsibility supervision service for maritime wetlands improvement service in three areas, including the acquisition area, etc.; hereinafter the “integrated liability supervision service of this case”) with the period of the beneficiary from March 12, 2008 to March 17, 2013; and the amount of the mutual aid subscription as 662,143,230 won; and pursuant to Article 2(1) of the Terms and Conditions, the Defendant is obliged to compensate the beneficiary (including the employees of the mutual aid beneficiary) for any damage arising from the legal liability for damages caused by the subject matter of service or property damage to a third party.

The defendant does not dispute that the above beneficiaries include new technology development.

B. From July 15, 2009, the fish farming fish or other facilities were destroyed or lost or destroyed at a fish farm operated by an infant fishery partnership corporation (hereinafter referred to as the “Guantia”) located in a downstream area due to the inundation of a river located within the river in the relevant water farm area, as a concentrated rain coming within the Hanyang-si River located in the Hanyang-si.

(hereinafter referred to as “the flood disaster of this case”).

People's Republic of Korea is Jeonnam-do.

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