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1. The Defendant’s KRW 29,058,364 for the Plaintiff and KRW 5% per annum from August 25, 2014 to April 3, 2018.
Reasons
1. Basic facts
(a) B is a local river that is emitted from Busan-gun C and flowed into D;
B At the upstream, E reservoir was completed in 1945 and has been operated until now, and the defendant manages E reservoir.
B. The Plaintiff operates “Gmat” selling daily necessities, processed food, etc. in Busan-gun F, Busan-gun, where B and D are combined, and is also running as an agent for the sales of passenger tickets of high-speed buses operated by H (hereinafter “H”).
C. On August 25, 2014, the Ministry of Health, Welfare and Family Affairs came into effect in Busan Metropolitan City, Ulsan Metropolitan City, Ulsan Metropolitan City, and Yangsan-si, and the bank of the E reservoir collapseed on the same day due to the influence of the centralized rain. Water leaked from the E reservoir reaches I where Gmaart is located depending on the roads, etc., while flowing the valley section of the valley at the B.
The plaintiff suffered flood damage (hereinafter referred to as "the flood damage of this case") caused by flooding of the Gmaart and its affiliated warehouses operated on the same day.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 10 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Occurrence of liability for damages;
A. The plaintiff's assertion 1) The plaintiff's flood disaster of this case occurred due to defects in the defendant's construction or management, and thus, the defendant is obligated to compensate the remainder except the plaintiff's contribution of natural power among the damages. 2) The plaintiff's ground for the collapse of the reservoir and the flood damage of this case is not related to the collapse of the reservoir in this case, since Gmat had already been flooded before the collapse of the reservoir in this case.
In addition, the defendant has fulfilled its duty to take protective measures to the extent required by social norms with respect to the E reservoir, and it is difficult to predict the flood damage of this case, and there is no possibility and possibility of avoiding damage, and it cannot be deemed that there was a defect in the installation or management of E reservoir.
(b) the recognition 1) the current status of E reservoir;