A. From August 28, 2014, the Defendants were residing in the annexes to a textile plant located in Sacheon-si D (hereinafter “instant Defendants’ residential building”).

From March 2, 2016, the Plaintiff is operating a factory that manufactures and produces synthetic resin (hereinafter referred to as “the Plaintiff factory of this case”) by mixing and mixing waste synthetic resin with mix and mix them.

The Defendants’ residential building of this case is located far away from the boundary of the Plaintiff’s factory to the south of about 3 meters.

B. On August 23, 2017, the Defendants asserted that they suffered damages due to malodor, etc. generated in the instant Plaintiff plant and applied for the Gyeonggi-do Environmental Dispute Mediation Committee for the payment of such damages.

The Gyeonggi-do Environmental Dispute Mediation Committee recognized the probability that the Defendants suffered mental damage due to malodor generated in the Plaintiff plant in this case, and resolved to compensate for the amount of 3,810,000 won.

C. On April 4, 2019, the Central Environmental Dispute Resolution Committee recognized the Plaintiff’s liability for damages as well as the Gyeonggi-do Environmental Dispute Resolution Committee, and rendered a decision on compensation of KRW 3,737,160 to the Central Environmental Dispute Resolution Committee.

On May 30, 2019, the Plaintiff was dissatisfied with the responsible finances of the Central Environmental Dispute Mediation Committee, and filed the instant principal suit.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1-8, the purport of the whole pleadings

2. Case issues and judgment

A. The issue of the instant case is whether the act of producing the disputed malodor does not constitute a tort, but only when the generated malodor exceeds the limit (man limit) permissible by social norms, and thus, constitutes a tort. As such, the issue is whether malodor caused by the operation of the Plaintiff’s factory, which was reduced from March 2, 2016 to August 2017, exceeds the acceptable limit, is whether the malodor caused by the operation of the Plaintiff’s factory, which was reduced in the instant Defendants’ residential building, exceeds the acceptable limit.

(b) recognition;