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(영문) 부산지방법원동부지원 2017.11.02 2015가합102131
손해배상(기)
Text

1. The Defendant: (a) KRW 72,675,90 for the Plaintiff and KRW 5% per annum from August 25, 2014 to November 2, 2017; and (b) November 3, 2017.

Reasons

Basic Facts

B, it is a local river that is emitted from the Busan District Department and flowed into D,00.

On the upper stream of B, E reservoir (hereinafter referred to as “instant reservoir”) has been completed in around 1945 and has been operated until now.

The instant reservoir was managed by the Defendant pursuant to Article 16(1) of the former Rearrangement of Agricultural and Fishing Villages Act (amended by Act No. 12811, Oct. 15, 2014; hereinafter the same) and Article 2 of the Management Regulations for Agricultural and Fishing Villages Act.

The plaintiff is a person who is residing in a house that is immediately attached to the commercial building while operating a commercial building (G, address: Busan-gun H, hereinafter referred to as the "instant commercial building") in the Friri-gun near the Fri-gun where B, D,00 is located.

On August 25, 2014, 13:30 Busan Metropolitan City, Ulsan Metropolitan City, and Yangsan-si entered into force, and the bank (hereinafter “the bank of this case”) of the reservoir of this case collapseed on the same day due to the influence of centralized rain. The water leaked from the reservoir of this case reached the F Village according to the roads, etc., while the water flows out of the reservoir of this case.

The plaintiff suffered flood damage (hereinafter referred to as "the flood damage of this case") that the commercial building of this case operated by himself/herself and the housing of his/her own residence on the same day.

【In the absence of dispute, the Plaintiff’s assertion of the purport of the entire pleadings and entries in Gap’s evidence Nos. 8 through 11, and the Plaintiff’s assertion of the purport of the entire pleadings was made to obtain a comprehensive evaluation grade C (ordinary level) as a result of a thorough safety inspection on November 2013. Although the Defendant neglected the repair, etc. of the instant reservoir even though it was in a state that it was necessary to repair and reinforce it due to the defect, such as a lack of sufficient weight, and the occurrence, etc. of monthly products on the side of the earth and sand, the Defendant neglected the repair, etc. of the instant reservoir, and eventually, on August 25, 2014, the water located in the instant reservoir was turned back at once due to the collapse of the instant bank.

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