A. The Plaintiff is a person who is operating a main source with the trade name “C” on the 7th floor of the Seocho-gu Seoul Metropolitan Government building B.

B. Defendant Seocho-dong Franb Co., Ltd.: (a) contracted the instant construction work with the construction period from January 30, 2015 to September 30, 2016, on the ground of 1,143.4 square meters of the Seocho-gu Seoul Metropolitan Government D D, 5 stories underground, and the 14th floor E and neighborhood living facilities construction work (hereinafter “instant construction work”); and (b) Defendant C&D Construction Co., Ltd commenced the instant construction work.

C. The Plaintiff filed a civil petition over several occasions with the Seocho-gu Office by asserting that the members of the cost of the instant construction project suffered business damage due to the noise generated at the construction site immediately adjacent to the cost of the instant construction project operated by the Plaintiff, such as revocation of registration or request for refund.

On June 9, 2015, the Seocho-gu Office measured noise at the Plaintiff’s cost, and as a result, measured by 73dB (A) above 70dB (A), which is the standard for regulating living noise, and imposed an administrative disposition and a fine for negligence accordingly. On September 8, 2015 and September 14, 2015, the office measured noise at the Plaintiff’s cost and imposed an administrative disposition and a fine for negligence.

[Grounds for Recognition: Evidence Nos. 1 through 4, Evidence No. 8-1, 2, 11, Evidence No. 16-1 through 17-3, respectively, entry of Evidence No. 16-1 through 17, video of Evidence No. 13, and purport of the whole pleadings]

2. Determination

A. The following circumstances, which are acknowledged prior to the occurrence of liability for damages, comprehensively based on the facts of recognition, evidence Nos. 1 through 4, 6, evidence Nos. 8-1 through 11, evidence Nos. 14, evidence Nos. 16-1 through 17-3, each entry of evidence No. 16-1, and evidence Nos. 13, and the overall purport of pleadings, namely, Defendant CCC Construction Co., Ltd., from Apr. 2015, after the commencement of the instant construction, performs construction works, such as removal, and removal of underground base response.