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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. The Plaintiff, a cable broadcasting business operator, who installs and operates a submarine cable at the bottom level below 30 meters of the sea depth between the sea depth of the backline and the backline of the new sea line in order to carry out the real-time cable transmission of the back side of the new sea line, and the Defendant is the manager of the whole dubed cover farming facilities (the width of approximately 24 meters and approximately 100 meters of length) in the neighboring sea of the lower- new sea zone. The Defendant’s fault in the maintenance and management of the above facilities caused an accident of cutting the above submarine cable at the original place on June 26, 2013, leading the back to the power of the algae and cutting the above submarine cable at the sea, and sought compensation for damages equivalent to KRW 95,916,000 against the Defendant.
B. Separate from the point of collection of physical evidence, the above argument is nothing more than one temporary set set out in order to reverse the result of luminous cable cutting from the top of the above facility, unless the direct evidence is supported by objective direct evidence. Thus, each of the original location (the sea inside and outside the intersection of the year) of the above facility, the separation distance, the substance and location of the above anchor line, the ambiguity of the claim about the status, and the recording of the witness C's testimony of the above facility, which can be limited within the above area of the water, are nothing more than the proof of the mark of the above facility, each statement and image (including part number), each statement and image (including part number), the direction and timing of the above facility, are consistent with the plaintiff's assertion.
In light of the above, the above argument is not sufficient to prove the proximate causal relation, and thus, the claim for damages based on this premise is accepted.