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(영문) 인천지방법원 2018.11.23 2017가합2980
손해배상
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On February 10, 2012, the Plaintiff: (a) around February 10, 2012, 1,647 square meters (water size 1,440 square meters; hereinafter “D aquaculture”) from the pool-gun, Incheon pool-gun; and (b) the Plaintiff is “D aquaculture.”

(2) From February 10, 2012 to February 4, 2017, the Plaintiff entered into an agreement with the E fishing village fraternity on the exercise of fishing right to use a fishing right to use a fishing right by setting the period from May 30, 2013 to May 30, 2017, with the permission to use a fishing right to use a fishing right to use a fishing right, and with the permission to use a fishing right to use a fishing right to use a fishing right to use a Haak-gun, Incheon, Cheongju-gun, Incheon, for a period of up to 30,000 square meters from May 29, 2016 to August 30, 2016 (a period of time from August 29, 2016 to the Haju-gun, Incheon, with the permission to use a Haju-gun-gun, Incheon, for a Haju-gun fishing village fraternity for a period of up to 30,000 square meters from August 21, 2016.

(hereinafter referred to as the “instant aquaculture” in combination with F branch lines, H branch lines and D farms.

The Defendants of the Defendants’ execution of I Construction Works entered into a contract for the instant construction works (hereinafter referred to as “instant construction works”) and performed the said construction works, setting the construction period from November 20, 2014 to March 3, 2018 as construction cost of KRW 17.65,2 million (including value-added tax) between the Incheon Vindication-gun Office.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 4 through 7, Gap evidence 25-1, Gap evidence 30, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Defendants asserted that the Plaintiff’s assertion was placed on the coast near Incheon Cheongjin-gun, Incheon, the construction site, and the coast adjacent to K. The Plaintiff’s soil and sand, which was taken out in the construction site of the instant case, is anticipated or easily anticipated that earth and sand located on the coast will be flown on the sea if the sea level is high when smuggling water.

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