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(영문) 서울남부지방법원 2020.08.13 2019가단251814
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that operates a Korean-style breeding farmer specializing in Pyeongtaek-si C (hereinafter “Plaintiff’s farm”). The Defendant is a company that carries out construction of apartment buildings in Pyeongtaek-si D and neighboring land, and the F Co., Ltd. (hereinafter “F”) is a company that carries out H apartment construction in Pyeongtaek-si G.

B. The construction site of the Defendant Company is located near the place where rice, woodland, etc. were used as rice, forest, etc., and there is a drainage way used as a farming waterway. The said drainage way flows to F’s construction site and the Plaintiff’s farm only after the passage.

(hereinafter referred to as “the drainage of this case”). The location of the Plaintiff’s farm and the Defendant Company and F’s construction site and the drainage of this case is as shown in the attached Form 13.

And the construction site of the defendant company is about 500 meters away from the plaintiff's farm.

C. On July 2017, in the middle of Pyeongtaek-si J area, there was an accident in which water and earth and sand flowing along the drainage of the instant drainage route, blocking the flow of earth and sand, and flow it into the Plaintiff’s farm.

(hereinafter referred to as the "accident of this case"). 【A's evidence 1 to 5, Gap's evidence 9 to 13, Eul's evidence 1, witness K's testimony, the purport of the whole pleadings.

2. Judgment on the plaintiff's claim

A. On July 2017, 2017, the Plaintiff’s assertion that the instant accident occurred as a result of the Plaintiff’s non-management insolvency entering the instant drainage route into the Defendant Company’s construction site, and the instant accident occurred. Water and earth and sand set up in the straw straw 68 straw straw straw straw straw straw straw straw straw straw straw straw straw straw straw straw straw straw straw straw

(Wed rice straw shall be destroyed by blight and harmful insects, and all of them shall not be used as feed. Accordingly, the plaintiff shall be discarded.

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