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대법원 2015.05.28 2014다86752

The judgment below

The part against the plaintiff is reversed, and that part of the case is remanded to the Gwangju High Court.


The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. In imposing liability for damages due to a tort, there must be a proximate causal relationship between the illegal act and the damage suffered by the plaintiff, and the existence of such proximate causal relationship shall be determined by comprehensively taking into account the probability of occurrence of the outcome, the mode of the illegal act, the nature of the benefits

(2) In light of the aforementioned legal principles, the principle of free evaluation of evidence, which is declared by Article 202 of the Civil Procedure Act, is not necessary to be bound by the formal rules of evidence, and does not allow a judge’s arbitrary judgment. Thus, the fact finding shall be in accordance with logical and empirical rules based on the ideology of justice and equity, and even if the fact finding falls under the discretion of the fact-finding court, it shall not go beyond the limits of the fact-finding (see, e.g., Supreme Court Decisions 2009Da7198, 7204, Apr. 13, 2012).2.

The plaintiff and the court below's joint plaintiff B have reported the fishing to the head of the Gun in accordance with the provisions of Article 11 of the Inland Water Fisheries Act and engaged in the fish farming business.

B. On January 23, 2009, the head of the Korea Regional Construction and Management Office of Land, Transport and Maritime Affairs announced the construction of X-Road Packing with the project implementation period from January 23, 2009 to December 2018. On March 25, 2009, the Defendant started the construction of this case after receiving a contract for X-Road Expansion Works from the Korea Regional Construction and Management Office (hereinafter “instant construction”).

C. The Defendant is a stock company with regard to blasting construction work at the AA tunnel construction site (hereinafter “instant tunnel construction site”) among the instant construction site.