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(영문) 대구지방법원 2019.04.24 2018나318844
손해배상(기)
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts - The Plaintiff is the owner of the restaurant building located in Daegu-gun D (hereinafter “instant building”).

- Defendant Republic of Korea ordered “G Corporation” to Defendant I Company B (hereinafter “Defendant Company”) on or around December 2014.

- Among the above construction sections, cultural heritage was highly likely to be buried in the neighboring areas of the building of this case, and the defendant company laid down trees in the vicinity of the building of this case in order to excavate cultural heritage.

- In the event of an accident that flows into the instant building on or around June 13, 2016 due to the foregoing penal timber (hereinafter referred to as “instant accident”).

[Reasons for Recognition] Facts without dispute, Gap 1 through 7 evidence, Eul 1 to 13 evidence, Eul 1 to 5 evidence (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Defendant Company was liable to compensate the Plaintiff for the damages caused by the instant accident, as the instant accident occurred when the Defendant Company laid down trees in the vicinity of the instant building, and as a result, earth and sand went into the instant building.

(2) In the instant accident, the scope of liability for damages: (a) the construction, such as cleaning, is necessary due to the inflow of yellow soil into the toilet part of the instant building; (b) the cost is 319,000 won; and (c) the cost is 484,00 won for the inflow of yellow soil into the treatment facilities of sewage, which are ancillary to the instant building, and the cost is 484

(Grounds for recognition: Results of the first instance appraiser H’s appraisal, results of the fact-finding on the above appraiser by the court of first instance). It is the standard at the time of the first instance appraiser’s appraisal.

(B) Before the appraisal in the first instance court, the Defendant performed the repair work to a certain extent. Accordingly, the Plaintiff was melting on the wall of the instant building due to the instant accident.

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