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(영문) 광주지방법원순천지원 2015.06.24 2012가합10394
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant is a local government that establishes and operates the sewage treatment terminal of female sewage (hereinafter “the instant sewage treatment plant”).

The Plaintiffs are persons or organizations engaged in fisheries (a licensed fishery, permitted fishery, or reported fishery under the Fisheries Act) in the sea areas surrounding the instant sewage treatment plant, such as B, C, D, and E (hereinafter referred to as “instant sea areas”) centering around A at the time of leisure.

B. The Defendant entered into the instant agreement 1) around 1994, which was at the time of the construction of the instant sewage treatment plant, was operated from January 1, 2005, when the sewage treatment plant was completed and operated. On the following day, the G University Fishery Science Research Institute (hereinafter “instant research institute”) around 2005.

(2) Each of the instant sewage treatment plant’s instant research institutes requested a survey service on the impact of the instant sewage treatment plant’s discharge on neighboring sea areas. (2) Accordingly, the F University Marine Research Institute reported “H” around 1995, and the instant research institute reported “I” around 2006.

(hereinafter in succession, “195 report” and “206 report” are referred to as “the preceding report of this case,” respectively. According to the instant preceding report, the damage caused by the discharge of sewage of this case was assessed to an insignificant level.

3) When the instant sewage treatment plant was operated in full scale, part of fishermen in the instant sea area constituted an organization called “J Sewage Damage Compensation Policy Committee” and demanded the Defendant to investigate into the actual condition of marine pollution and compensate for marine pollution. On April 22, 2009, the Defendant entered into an agreement with the aforementioned Countermeasure Committee to investigate into the fishery damage and compensate for the damage caused by the discharge of the instant sewage treatment plant (hereinafter “instant agreement”).

Article 1 (Purpose of this Arrangement is due to the discharge of sewage from a sewage treatment plant at the bottom of JK.

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