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1. The plaintiff's lawsuit against defendant D Co., Ltd. is dismissed.
2. The plaintiff's defendant B, C, and E.
Reasons
1. Facts recognized;
A. Party and F 1) Defendant B Co., Ltd. (hereinafter “B”)
(C) A corporation (hereinafter referred to as “C”)
(1) The Defendant D Co., Ltd. (hereinafter “D”) is the executor of the business that creates “H industrial complex” in the G Group in Kimhae-si.
(E) E Co., Ltd. (hereinafter “E”);
2) The construction of the site for the above industrial complex (hereinafter referred to as “instant construction”).
2) The F operates a factory in the construction site of this case (hereinafter referred to as the “factory of this case”) adjacent Kimhae-si, adjacent to the construction site of this case, using the trade name of “I” and “L” registered as a business operator under its own name and one’s own name as “L” and “L” registered as a business operator under the name of J or H or H., etc.
B. Damage (i) caused by the occurrence of damage in 2014 and the occurrence of damage (i.e., 2014) on May 12, 2014 and July 19, 2014; (ii) on August 3, 2014; and (iii) on August 25, 2014, by passing rainwater over four times at the instant construction site only once in the period of 2014, including August 25, 2014 (hereinafter referred to as “damage in 2014”).
(2) Upon receipt of an agreement between F and J on November 10, 2014, Defendant D and J paid KRW 50 million to F and J on four occasions as agreed amount for recovery expenses due to flooding and earth and sand entry, and F andJ agreed not to raise any objection (hereinafter “first agreement”) against Defendant D and their subcontractors in relation to the instant construction, including civil or criminal claims or civil complaints against administrative agencies, and subsequently, F and J paid KRW 50 million to F and their subcontractors on October 10, 2014.
C. In the instant case, once again on April 7, 2016 and April 18, 2016, including the occurrence of primary damage in 2016 and the lawsuit for damages.