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(영문) 대구지방법원 포항지원 2018.07.19 2017가단103564
손해배상(기)
Text

1. The Defendant’s KRW 9,240,00 and the Plaintiff’s annual rate of KRW 5% from July 27, 2017 to July 19, 2018.

Reasons

1. Basic facts

A. 1) B Co., Ltd. (hereinafter “B”) of the instant factory site and factory facilities

(2) On September 23, 2009, the Defendant’s land for factory in North-gu Seoul Special Metropolitan City (hereinafter “instant land for factory”) 6762.1 square meters (hereinafter “instant land for factory”).

2) On the ground of the above land, the instant factory facilities of the general steel structure of the aggregate structure of the third floor size on the ground of the above land (hereinafter referred to as “instant factory facilities”).

(2) On May 19, 2010, the Plaintiff newly constructed and completed the registration of initial ownership of the above factory facilities on May 19, 2010. (2) On June 10, 2016, the decision to commence compulsory sale of the instant factory facilities was rendered, and the Plaintiff was awarded a successful bid for the above factory facilities during the compulsory sale procedure and completed the registration of ownership transfer on January 17, 2017.

3) On June 12, 2017, the Plaintiff acquired the right to sell the instant factory site from B, and completed the registration of ownership transfer as to the instant factory site on the same day. (b) The Defendant, while developing the instant factory site, etc., installed a white shock water pipe (the rightline of each photograph listed in the attached Table, hereinafter “instant water pipe”) from the industrial water pipe buried on the road to the boundary of each factory site from the industrial water pipe buried on the road.

2) Meanwhile, while constructing the instant factory facilities, B, without the Defendant’s permission, connected the verification PE pipe to the instant water pipe and extended the remainder of the instant factory facilities. However, the Defendant began to supply industrial water to the instant land for factory, etc. from March 2013, and the Defendant started to discharge industrial water through the said PE pipe and the instant water pipe.

(hereinafter “instant water leakage accident”). Accordingly, the instant factory facility was invaded, and there was any damage, such as floor cracks and fall, in the said factory facility.

4 B around August 16, 2016, around August 16, 2016, the Defendant reported the leakage of the land for factory in this case, and at the time.

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