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(영문) 창원지방법원 2016.10.20 2014가합3627

손해배상(기)

Text

1. The Defendants jointly share KRW 208,434,337 to Plaintiff A and Defendant Korea Highway Corporation for this purpose. < Amended by Presidential Decree No. 2543, Jul. 10, 2014>

Reasons

In fact, the defendant Korea Highway Corporation as a party to the premise is the executor of D Construction (hereinafter referred to as the “instant Construction”) which is conducted at the Gririri Complex in Kimhae-si, and the defendant Samsung Heavy Industries Co., Ltd. (hereinafter referred to as the “Trisung Industries”), Sung Jin Comprehensive Construction Co., Ltd. (hereinafter referred to as the “Srijin Construction”), and Jung Jin Comprehensive Construction Co., Ltd. (hereinafter referred to as the “Srijin Comprehensive Construction”) are the executing works of the instant Construction.

(2) The Plaintiffs, as married couple, raise pigs, such as 1, pregnant workers, 1, 2, 2, 1, 2, 1, 2, 2, 1, 2, 2, 2, 2, 2, 2, 2, 2, 2, 2, 1, 2, 2, 2, 2, 2, 2, 1, 2, 3, 3, 3, 2, 3, 3, 3, 3, 3, 3, 1, 3, 1, 3, 1, 3, 1, 3, 1, 1, 3, 1, 1,

From October 2013 to December 2014, Defendant C&D performed the work of dumping rocks that occurred from the blasting process and the blasting work at the instant construction site in order to create roads and tunnels at the instant construction site from October 2013 to December 2014 (hereinafter referred to as “tur block work”). In addition, Defendant C&D operated dump trucks at the construction site as well as dump trucks at the construction site.

[Based on the fact that there is no dispute, Gap evidence Nos. 1 through 4, 10 (if there is a serial number, including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 through 5, the appraiser F’s appraisal result, the result of the fact-finding conducted by the appraiser F by this court on the appraiser F by the appraiser F of this court, the defendant contractor asserted that the plaintiffs suffered liability for damages due to the overall purport of the pleading, caused noise and vibration exceeding the tolerance limit while the defendant contractor conducted the blasting of cancer walls, jum work, the management of exhaustr plant, and the truck operation at the construction site of this case. Accordingly, the plaintiffs' pigs raised adjacent to the construction site of this case caused damages.