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(영문) 부산지방법원 2017.11.09 2015가단69262
손해배상(기)
Text

1. The Defendant’s KRW 94,409,475 as well as 5% per annum from January 8, 2016 to November 9, 2017 to the Plaintiff.

Reasons

1. The following facts may be found either as a dispute between the parties or as a whole in the entries or videos of Gap evidence Nos. 2-6, 40 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 3.

On September 5, 2014, the Defendant entered into a contract with the same medical corporation (hereinafter referred to as “the same medical foundation”) for the extension of the Busan Suwon-gu B (hereinafter referred to as “Bdong”) and the Evalescent (hereinafter referred to as “instant hospital”) on the ground C and D’s ground, and performed the construction work.

B. Of F.F.3 square meters (hereinafter “instant road”), adjacent to the Maan-dong D land (hereinafter “instant land”), part of the F.32407 square meters (hereinafter “instant road”), the Plaintiff’s power transmission line (hereinafter “instant power transmission line”) was laid underground. On November 8, 2014, as part of the Civil Works for the extension of the instant hospital, the instant excavation work performed to install a h-Bmline (hereinafter “instant excavation work”) on the instant land (hereinafter “instant excavation work”). In the process of performing excavation work to install a h-Bmline (hereinafter “instant excavation work”), some of the electric transmission lines of this case were destroyed (hereinafter “instant accident”).

2. The assertion and judgment

A. The gist of the parties’ assertion (1) was that the instant transmission line was laid on part of the instant road adjacent to the Plaintiff’s land, and the said line was installed on the ground.

Nevertheless, the Defendant, while performing the excavation work of this case, excavated part of the road of this case without permission without permission without permission to verify the underground facilities.

Therefore, the defendant is liable to compensate for damages sustained by cost due to the accident of this case.

(2) The defendant performed only the building extension work of the hospital of this case, and the person who performed the excavation work of this case for civil engineering work necessary for the above extension work is not the defendant but the Jinsung Corporation.

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