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(영문) 의정부지방법원 2017.04.21 2016가단23618
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. On January 11, 2013, Defendant Korea Rural Community Corporation awarded a contract for “D Project Civil Works (six years)” to Defendant C Forest Project Co., Ltd. (hereinafter “Defendant Company”) at the site of the construction site, which is located in the river site of Gangwon-gun C Forest Project.

B. Plaintiff A was growing a scar in a plastic house on the land of 6,600 square meters, both of which are located in Gangwon-gun E, Gangwon-gun, and one parcel, and in a plastic house on the ground of 2,310 square meters in the same land, and Plaintiff B cultivated a scar in a plastic house on the ground of 3,567 square meters in F field.

C. From July 14, 2013 to July 16, 2013, Plaintiff A suffered from inundation damage with respect to the above wave, and Plaintiff A suffered from inundation damage with respect to the above wave, and Plaintiff B suffered from inundation damage with respect to the above wave wave.

【Ground of recognition】 The fact that there has been no dispute, Gap 2 through 5, Eul 1-2 and 4, the purport of the whole pleading

2. The gist of the plaintiffs' assertion was that the defendant company did not take proper measures to prevent soil erosion while performing the above construction, and thus, a large quantity of soil erosion was leaked at the above construction site from July 14, 2013 to July 16, 2013, and August 10, 2013. The leaked soil erosion occurred due to the prevention of the plaintiff's plastic drain pipe. The defendants should jointly compensate for the damages suffered by the plaintiffs due to the flood.

The damages suffered by the plaintiffs due to the above flood damage are 120,943,800 won for the plaintiff A [1,800 won x (1,800 square wave cultivation area x (57,191 won per ordinary market price for the fritha) x 30,000 won x 57,191,00 won for the plaintiff B], and 57,191,000 won for the plaintiff B (i.e., 1,000 square wave cultivation area x 57,191 won per ordinary market price for the fritha x 57,191 won x part of the above money). In part of claim, the plaintiff Eul claimed for the payment of 100,800,000 won among the above money and damages for delay, and the plaintiff Eul claimed for the payment of 48,000,000 won out of the above money and damages for delay.

3. Determination A 2, 3, and .

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