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(영문) 수원지방법원성남지원 2020.10.16 2019가합402799
손해배상(기)
Text

1. The Defendant’s KRW 33,575,055 as well as 5% per annum from May 26, 2019 to October 16, 2020 as to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an information and communications business and a company aimed at selling information and communications devices, and the Defendant is a company engaged in civil engineering and construction contract business.

B. On February 1, 2013, the Seoul Regional Land Management Office (Seoul Regional Land Management Office) rendered a public announcement on the determination of road zones and changes in topographic drawings (Seoul Regional Land Management Office) for the project of the C Road Construction Work (2 Sections) (hereinafter “instant construction work”).

C. On March 9, 2016, the Defendant, upon receiving a contract from the Seoul Regional Land Management Office, destroyed Article 2 (2) of the said cable among the Plaintiff’s telecommunications cables laid underground while performing astronomical work in the vicinity of the Southernyang Index Fridge (hereinafter “instant cable”) and Article 2 (36Core) of the said cable (hereinafter “instant cable”).

【Ground for Recognition: Facts without dispute, entries in the evidence Nos. 1 and 4, images, and the purport of the whole pleadings】

2. Summary of the parties’ assertion

A. Plaintiff 1) In accordance with Article 60(1) of the Enforcement Decree of the Road Act, the Defendant has a duty of care to verify whether major underground facilities are installed in the branch where the construction is performed or in its neighboring areas before the implementation of excavation works. However, the Defendant is liable to compensate the Plaintiff for damages, as the Plaintiff caused the instant accident, which caused damage to communications cables owned by the Plaintiff by performing the construction without performing the said duty. (ii) From 192, the Plaintiff installed the instant cable in the underground site of the instant construction site. At that time, the Plaintiff paid each year the “use fees for the instant underground facilities” of the Plaintiff at southyang, and the Seoul Regional Land Management Office requested for removal of obstacles installed on the ground, such as communications owner, and the cable laid underground was not included in the subject of relocation.

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