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(영문) 서울중앙지방법원 2017.11.03 2016가합580451

손해배상(기)

Text

1. The Defendant’s KRW 878,464,723 as well as its annual 5% from January 10, 2017 to November 3, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 2013 to March 2014, the Defendant: (a) conducted an environmental basic survey on the surrounding areas of the Camp Hump Hump (Camhrehys) US forces base (hereinafter “instant 1 US forces base”) located in the territory of Pyeongtaek-si Eup by requesting the Korea Environment Corporation to conduct a basic survey.

As a result of a yellow survey on 84 points in the area adjacent to the first U.S. military base at the time, 271 soil samples from among the soil contaminants stipulated in the Soil Environment Conservation Act, five points in the total survey on 20 items except bee sphere, five of the five of the soil contaminants, and TPPH (TPH) in excess of the standards for the risk of soil contamination in the relevant area for five of the five of the soil contaminants in excess of the standards for the risk of soil contamination in the relevant area (Total Peroumumumumum Hyd carbon, petroleum refining gross hydrocarbon, petroleum refining total hydrocarbon) were discovered, such as oil, light oil, oil, mit, oil mit, or mitc oil.) At the same time, one point, and one of the soil contaminants were detected, respectively.

As a result of the survey above, TPP was found to have been conducted by collecting 317 samples from 2, 31 points in the area, 31 points in the area, and 33 samples in the area, which exceed the level of risk of contamination and are likely to be contaminated, by dividing 98 points into 4 areas (Ga, b, c, and d) except for the north-west area in which the base expansion construction is implemented, and by dividing 98 points into 5 meters below the underground in the case of TPP, 1 meter up to 6 meters below the underground in the case of ASEAN, and 31 meters below the level of risk of local soil contamination.

In the case of TPH, the maximum pollution density was 19,257.5g/km (500g/km-based) and in the case of smoke, the maximum pollution density was 380.2mg/km-based 300mg. (300mg/km-based).

Based on the results of the above basic environmental survey, the Plaintiff requested the Korea Environment Corporation to conduct a soil contamination purification project on the areas adjacent to the first military base of this case, and KRW 860,346,000 in total, costs of purification project.