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(영문) 광주고등법원 2014.10.10 2013나11446
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The status of the parties is that Plaintiff A is engaged in the culture culture and the inland seeds production fishery in the Dandong-gun M in the name of Dandong-gun, Jeonnam-gun, and Plaintiff B is engaged in the culture culture in the Dan-gun O in the name of N. Plaintiff C is engaged in the fish culture in the fish culture in the Dan-gun P in the Jeonnam-gun, Jeonnam-gun, Jeonnam-gun, and Plaintiff C is engaged in the fish culture in the fish culture in the name of Q. Plaintiff D is engaged in the fish culture in the Dan-gun, Jeonnam-gun, Jeonnam-gun, the mutual name of Y, and Plaintiff E is engaged in the fish culture of the Dan-gun, Jeon

(2) The Defendant Chang Airport Co., Ltd. (hereinafter referred to as the “Defendant”) is the owner of helicopters (AI: AI: S350; hereinafter referred to as the “instant helicopter”) who caused an accident as seen earlier, and is the user of AA who drives the said helicopter, as the owner of the said helicopters, through the marine life in which the Plaintiffs cultivated.

B. On August 21, 201, at around 17:30 on August 21, 201, AA, an employee of the Defendant, who occurred from a helicopter accident, operated the instant helicopter and was conducting pest control operations in the night tree field located in the front of the Yannam-gun, Bosung-gun, Bosong-gun. In such a case, the captain of helicopters, despite his duty of care to care to avoid and navigate the electric wires properly, did not look at the electric wires’ location properly, thereby falling down at 50 meters in the area of the fourth power transmission tower ( approximately 40 meters in place above the ground) adjacent to the fourth power transmission tower installed at that place.

(hereinafter referred to as “instant helicopter accident.” The said accident of helicopters, which led to the interruption of 154,000 V high voltage transmission lines connected to a high-interest transformation station from the Korea Electric Power Corporation (hereinafter “Korea Electric Power”) which was a codefendant of the first instance trial (hereinafter “Korea Electric Power”).

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