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(영문) 서울중앙지방법원 2013.08.23 2012가합73924
손해배상(기)
Text

1. Defendant Gyeonggi-do shall pay to the Plaintiffs KRW 663,886,398 and KRW 101,00,000 among them, from September 11, 2012, and KRW 562,86.

Reasons

Basic Facts

C and the location of the factory of this case was designated and publicly announced as a local class II river of September 29, 1982 as Gyeonggi G on September 29, 1982, and the Governor of the Gyeonggi-do is the managing agency of the River Act, and the defendant Gyeonggi-do is the local government to which the Governor of the Gyeonggi-do belongs, which is the local government to which the Governor of the Gyeonggi-do belongs.

The Plaintiffs operate a manufacturing factory (hereinafter referred to as “instant factory”) with the trade name “I” in Ischeon-si H.

이 사건 공장은 별지 도면과 같이 C의 하류 지점, 즉 ‘C과 복하천(본류)이 합류하는 지점(C의 始點, 측점 No.0)’을 기준으로, 상류 방향으로 약 6.49m - 900m 사이의 구간(측점 No. 6 49 ∼ 9)을 흐르는 C의 좌안(左岸)에 위치해 있다.

Between the factory and C of this case, an embankment from 81.9m up to 83.10m up to 83.10m up to 81.9m up to 83.10m (hereinafter “the bank of this case”) is set up, and C’s survey point No.649 is set up in J.7 points.

On July 27, 2011, the occurrence of the flood disaster in the instant case, the water level of C, which was lowered at the vicinity of K, increased above the height of the embankment in the instant case, and the water level of C, which was discharged into the instant factory beyond the embankment and J, resulting in the inundation of the entire plant (hereinafter “the flood disaster in the instant case”).

On July 27, 2011, the term “A” means the maximum amount of rainfalls by the continuous time zone, when the rainfalls continue to remain 24 hours at C around the observation station.

Korea shall be 171.5m in K Observation Offices located nearest to C and 206.0m in Ethical well-known stations.

The management agency of rivers shall establish a basic plan for the maintenance of rivers with respect to rivers under its management pursuant to the River Act, and the defendant Gyeonggi-do shall not exceed the basic plan for the maintenance of rivers with respect to the river that includes C around October 2003.

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