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(영문) 광주고등법원 2015.11.20 2014나11641
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Basic facts

A. The Plaintiffs’ status (1) are solely owned by the Plaintiff 39,964m2 (hereinafter “F salt farm”) in Yong-gun, Young-gun, Jeonnam-gun, and the Plaintiff shares 2/21m2 of the 38,261m2 of the 38,261m2.

On the other hand, Plaintiff A entered into a contract for the production of salt in the F salt farm with H, and H transferred all the claims for damages arising from flood accidents in the above salt farm to Plaintiff A, and on December 12, 2013, Plaintiff A sent the notice of transfer of right to the above transfer to the Defendant by content-certified mail.

(2) The Plaintiff B and C share 1/2 shares of 40,00 square meters in the 10,000 square meters in Yong-Namnam-gun I salt farm (hereinafter “J salt farm”). The Plaintiff C shares 2/21 square meters in the 38,261 square meters in the 38,261 square meters in Seoul-gun G maintenance.

On the other hand, K, which produced salt at the J salt farm, transferred to the Plaintiff B all the claims for compensation for damage caused by flooding in the above salt farm, and on January 15, 2013, K sent the notice of transfer of right to the above transfer to the Defendant by content-certified mail.

(3) The Plaintiff B and D shared 1/2 shares of 40,000 square meters (hereinafter “M salt farm”) in the Jeonnam-gun L Salt farm, Jeonnam-gun, and Plaintiff D shared 2/21 square meters of 38,261 square meters of the previous Young-gun G maintenance.

On the other hand, the N, which produced salt in M salt farms, transferred to the Plaintiff B all claims for compensation for damage caused by flood accidents in the above salt farms, and on January 15, 2013, the notice of transfer of rights, the content of which is the fact of the above transfer, was sent to the Defendant by content-certified mail.

B. (1) On December 28, 201, the Defendant entered into a contract for construction works with a regional management tide embankment located in Yong-gun, Yong-Namnam-gun (hereinafter “instant tide embankment”) with the total construction amount of KRW 1,012,574,890 and the total construction period from January 3, 2012 to December 17, 2014.

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