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(영문) 전주지방법원 정읍지원 2018.02.06 2016가단12654
손해배상(기)
Text

1. The Defendants: KRW 18,902,729 against each of the Plaintiffs and the Defendant Korea Rural Community Corporation on November 15, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiffs installed 13 plastic houses (hereinafter “instant plastic houses”) on the ground of the land of 3,034 square meters, E, 2,689 square meters, F field 2,214 square meters (hereinafter “instant land”). Defendant C owns G 1,158 square meters, H field 1,817 square meters, and 2,93 square meters (hereinafter “instant adjacent land”) adjacent to the instant land. The Plaintiffs owned G 1,158 square meters, H field 1,817 square meters, 1,93 square meters, and land adjacent to the instant land.

B. Defendant Korea Rural Community Corporation (hereinafter “Defendant Corporation”) has installed and managed a waterway (a width of 1~2m, height of 1m, 1m; hereinafter “instant waterway”) on the ground of 3,174m2 adjacent to the instant land and the instant land, which adjoins the right side of the instant land. The instant waterway naturally flows from the instant land to the contiguous land.

The location and current status of the land of this case and the land adjacent to this case and the waterway of this case are indicated in the attached drawing.

C. Defendant C set up a floodgate that prevents the flow of the instant water to the atmosphere on the land adjacent to the instant land (hereinafter “instant floodgate”), and the Plaintiffs cut off the degree of 1.5 meters on the instant waterway for the purpose of draining the instant land.

From September 16, 2016 to September 17, 2016, there was a concentrated rain (19.0mm of the rainfall on September 16, 2016, and 103.0m of the rainfall on September 17, 2016) on the instant land (hereinafter “instant concentrated rain”), and around that time, there occurred an accident where water flows into the instant land and seven Dong 4,751m of the instant vinyls among the instant vinyls (hereinafter “instant accident”).

[Based on recognition] Gap evidence 1 to 4, Eul evidence 6 (including branch numbers; hereinafter the same shall apply), Eul evidence 1 to 5, and Eul evidence 9, the purport of the whole pleadings

2. Occurrence of and limitation on liability for damages;

A. According to the above facts acknowledged as above, Defendant C is liable for damages.

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