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(영문) 춘천지방법원 2020.01.15 2018나54658
손해배상(기)
Text

1. The plaintiff's appeal is 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. The Plaintiff’s assertion was around 201 and around 201, the Defendant established a sewage culvert in the housing owned by the Plaintiff (hereinafter “instant sewage culvert”) in the process of implementing the instant project for the rearrangement of sewage culvert located in the prime city.

However, the Defendant’s construction of the instant sewage pipes at a level of 2c meters in depth from the ground surface, or the construction of the instant sewage pipes in the form of a convexity “vexity” on the ground surface, causing damage to the instant sewage managers’ dynamics at the temperature of winter-gu.

Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 481,40,00, totaling KRW 2,511,400,000, for restoration work costs for the prevention of dynamics, as well as damages for delay caused by defects in the installation and preservation of structures.

Even if the Defendant did not directly construct the instant sewage pipe, the Defendant is liable to compensate for the damages suffered by the Plaintiff, as it neglected the Defendant’s duty to direct and supervise the contractor or the duty to manage, maintain, and repair the instant sewage pipe as a person responsible for the management, maintenance, and repair of the contractor.

2. Determination

A. The Defendant constructed the instant sewage pipe

the sewage pipes of this case are occupied or owned by the Corporation.

or there is no evidence to prove that there is a duty to direct, supervise, or maintain and repair the execution of the instant sewage pipe.

Rather, there is no dispute between the parties, or comprehensively taking account of the contents of Gap evidence No. 1, Eul evidence No. 1 and No. 4, and the overall purport of images and pleadings, the instant business was carried out as leased-transfer-lease projects and carried out or carried out construction by a private business operator. The instant sewage officer, not the public sewerage system established and managed by the local government, is generated from buildings, facilities, etc.

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