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(영문) 부산고등법원(창원) 2016.07.07 2015나22130
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order of payment shall be revoked.

Reasons

1. Basic facts

A. The Defendant, as a management agency of the smuggling River, the river facilities, etc., which is a national river, was jointly supplied with the case construction, the Southern River Corporation, and the mobilized Land Co., Ltd. for the maintenance and repair of the smuggling from around December 2004.

The Ministry and H River Repair Work (hereinafter referred to as the “instant river work”) concluded a contract for the instant river work and implemented the instant river work.

The Defendant’s assistant intervenor entered into a full-liability supervision service agreement with the Defendant on the instant construction project and performed supervision.

나. 원고들은 이 사건 하천공사에 포함되어 건설 중이던 제방인 ‘I’의 제내지인 밀양시 J 토지 등 인근 29필지의 농경지에서 깻잎, 고추 등 농작물을 재배하는 농민들이다.

C. Around September 17, 2012, a typhoon No. 16, a typhoon, and a typhoon (hereinafter referred to as the “Woo-gu”) occurred on September 11, 2012 at the sea of the Philippines, and passed through Seog-gu, Daegu, and Ulsan on September 16, 2012. Around September 18, 2016, around 09:00. Around September 18, 2016, both Korea and Japan went through Seog-gu. Around February 16, 2012, a flood flood (hereinafter referred to as the “instant flood flood damage”) was caused by the said concentrated flood of 31 hack-gu, the area of the said I’s farmland, including the said farmland cultivated by the Plaintiffs.

원고들은 이 사건 수해로 인하여 그들이 경작하던 깻잎, 부추, 표고버섯, 땅콩 등 작물이 고사하거나 성장장애, 재파종 등으로 인해 수확시기가 늦어지게 되어 생산량이 감소하였고, 각종 농기계, 농자재 등이 훼손되었다. 라.

The daily strong amount of 1st century, which was observed on September 15, 2012, was 20.0m on September 16, 2012; 51.0m on September 16, 2012; and 70.5m on September 17, 2012.

(In particular, from September 17, 2012 to 12:00 on September 17, 2012, 38.5m concentrated). 【Ground for Recognition” has no dispute.

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