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(영문) 서울고등법원 2016.11.24 2015나32181

채무부존재확인

Text

1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) is modified as follows.

Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) The Plaintiff is a cement plant (hereinafter “Plaintiff factory”) on the AX-based AX-based ground around 1957.

(2) The Defendants are residents of approximately 41 years in the vicinity of the Plaintiff’s plant, approximately 34 years in the case of Defendant C, approximately 34 years in the case of Defendant E, approximately 34 years in the case of Defendant F, and approximately 14 years in the case of Defendant G.

B. The Plaintiff’s factory started to operate air pollution prevention facilities around 1957, and around January 2003, the Plaintiff’s factory replaced air pollution prevention facilities with a higher processing efficiency with the existing power-driven facilities. From around that time, a smokestack tele-Monitoring system (Tele-Mondo, hereinafter “Tms”) that automatically measure the concentration of gas emissions in the elele-Mondo and cooling facilities.

2) At present, the Plaintiff is operating 4 air-conditioning cars, 6 air-conditioning cars, 5 wheeledles regularly in order to suppress the generation of scattering dust on the factory and its surrounding roads.

(c) Cement manufacturing process and cement production process 1) The plaintiff shall, for the purpose of cement manufacturing, can can can do so first in a mine of tin and then pulverize it and transport the pulvered tin through a consortium with a shielding facility installed to the plaintiff factory.

(1) The following process is to be taken. If the pulververed stone reaches the Plaintiff’s factory, it is to be kept in a bring bring bring boom by combining secondary materials, such as 5% pulvers, 2% of steel ore, and 2% of ground rocks, and then crushinging it into a raw material pulvers with a size below 100 pulvers.

(2) Process of the same forest, which has been pulvered. (b)