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(영문) 의정부지방법원 2014.05.09 2012가합8236
손해배상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff leased a building on the ground (hereinafter “instant building”) in the Namyang-si, Yangyang-si, Yangyang-si, Yangyang-si, and used it as a factory manufacturing teaching materials, models, etc.

B. On June 10, 2011, an accident occurred where learning materials, etc. stored by the Plaintiff in the instant building were flooded due to the concentration of sewage water in the sewage outlet of the instant building.

(hereinafter “instant accident”). 【No dispute exists, entry of Gap evidence Nos. 13 and 24, and the purport of Gap evidence No. 14, as a whole, the video and the purport of all pleadings.

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion that the instant accident occurred due to the discharge of waste water caused by waste vinyl, etc., and the Defendant, as a person in charge of the installation and management of public sewerage, etc. around the instant building, was obligated to clean and dredge sewage at any time to ensure the smooth flow of sewage, but violated this obligation, thereby causing damage to the Plaintiff. Therefore, the Plaintiff is liable to compensate for the Plaintiff’s damage caused by defects in the installation and management of public sewerage, which

B. According to Articles 2 and 27(1) and (6) of the Sewerage Act, the term “public sewerage” means a sewerage installed or managed by a local government; the term “public sewerage” means a drainage pipe and other drainage facilities installed to flow sewage generated from a building, facility, etc. into a public sewerage system; the term “public sewerage system” means a drainage pipe and other drainage facilities installed to flow sewage generated from a building, facility, etc. into a public sewerage system; and the term “public sewerage system” means the owner or manager of the land within the drainage area (where there is a facility on the land, the owner or manager of the facility should have

In addition, Article 5 of the Ordinance on the Use of Sewerage at Namyang-si, and the Mayor shall inspect the status of sewage conduits at least once a year in order to efficiently maintain and manage sewage conduits.

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