손해배상(기)
1.The judgment of the first instance shall be modified as follows:
The defendants are jointly and severally liable to the plaintiffs for the attached list of damages.
1. Basic facts
A. 1) The Plaintiffs are the “Smiwon” (hereinafter “instant deafwon”) in the Nam-gu, Ulsan-gu R, Ulsan-gu.
)이라는 상호로 난(蘭)을 재배하여 판매하는 사람들이다. 2) 피고 P공사(이하 ‘피고 공사’라 한다), 피고 한국산업단지공단(이하 피고 공사와 통틀어 ‘피고 공사 등’이라 한다)은 이 사건 농원 인근인 울산 남구 T 일원에서 시행하는 ‘U산업단지’ 조성사업(이하 ‘이 사건 조성사업’이라 한다)의 공동사업시행자이고, 피고 Q은 피고 공사 등으로부터 이 사건 조성사업 중 토목공사 부분(이하 ‘이 사건 공사’라 한다)을 도급받은 시공사이다.
B. Defendant Q performed the instant construction work from March 1, 2015 to June 30, 2016 in accordance with the contract with the Defendant Corporation, etc. In accordance with the said contract, Defendant Q performed the instant construction work from March 1, 2015 to June 30, 2016. During the said construction period from March 12, 2015 to June 30, 2016, Defendant Q used multiple explosives, NFO explosives, etc. for blasting up to 10 times a day (hereinafter “instant blasting work”).
(2) At that time, the separation distance between the place where the blasting work in this case was conducted and the instant deaf source was approximately 81.5m to 707.04m.
C. 1) The damages suffered by the Plaintiffs who cultivated the column from the instant farmland sources due to the instant blasting work (hereinafter “damage of this case”) due to the instant blasting work
(i)with respect to the Central Environmental Dispute Resolution Committee under the Ministry of Environment (hereinafter referred to as the “Environmental Dispute Resolution Committee”);
2) The W Director X (hereinafter “X”) investigating the damage of the instant case
(3) The appraisal opinion of the first instance court and the appraiser V of the first instance trial (hereinafter “ appraiser V”).
The main point of the appraisal opinion is as follows: (a) The noise level, vibration level, control standards for vibration speed and the blasting period in this case are as follows: