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| TITLE | [Damages]Supreme Court Decision 2003Da2123 Delivered on November 26, 2004 [full Text] |
|---|---|
| Summary | |
| [1] The allocation of the burden of proof in legal actions concerning pollution [2] The case holding that since it is proved that wastewater discharged by factories in the Yeochun Factory Complex caused harm to corbicula plantation farms, the factories cannot avoid liability unless they establish counter-evidence that wastewater discharged from the Defendants' factories does not contain material causing harm to corbicula farming, or even if material causing harm exists in wastewater, its concentration lies within the safe range, or unless they establish circumstantial counter-evidence that losses suffered by corbicula farming were caused exclusively by entirely different causes | |
