손해배상(기)
1. The judgment of the first instance court, including a claim modified in the trial, shall be modified as follows:
The defendant.
1. The reasons for this part of the basic facts are as stated in the judgment of the court of first instance, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The parties' assertion
A. The plaintiffs' assertion 1) The defendant newly constructed a new building on the ground that the right to enjoy sunshine was infringed by the plaintiffs' right to enjoy sunshine by blocking the view of the plaintiff's house, and thus, the right to enjoy sunshine was infringed by the plaintiff's right to enjoy sunshine. Since privacy was also infringed, the defendant has a duty to compensate the plaintiffs for damages caused by the infringement of sunshine. 2.54,00,000 won prior to the infringement of the plaintiff's house (the result of the assessment at the trial), the amount of damages caused by the infringement of sunshine shall be calculated by reflecting the rate of sunshine 8%, the rate of sunshine 72.08% (207 - 34%) and the rate of sunshine change in succession [20%) / 240%) / 75% [120%) / 305% (120%) / 307,405%) x 3075% (the average value shall be calculated by reflecting each of the values before the infringement of the plaintiff's house.
3) The amount of damages for the infringement of view shall be calculated by reflecting 2% of the view value per each of the value 1,254,000,000 won prior to the infringement of the Plaintiff’s housing and 28.16% of the view infringement rate. The amount of damages for the infringement of private life shall be 7,062,528 won (1,254,00,000 won x 2% x 28.16%). 4) The amount of damages for the infringement of private life shall be calculated by reflecting 1,254,00,000 won prior to the infringement of the Plaintiff’s housing and 100% of the private value per each of the values prior to the infringement of the Plaintiff’s housing, and the amount of damages for the infringement of private life shall be calculated by reflecting 1,254,00 won (1,254,000,000 won x 1,100%).
5) Since the Plaintiffs suffered emotional distress due to the above sunshine, view, and privacy infringement, the damages amounting to KRW 30,00,000 shall also be included in the damages amount. 6) Accordingly, the Defendant’s damages amounting to KRW 123,377,856 in total to the Plaintiffs, KRW 73,775,328 in damages amounting to the damages amounting to KRW 73,775,328 in damages amount resulting from the infringement of view KRW 7,062,528 in damages amounting to KRW 12,540,00 in damages amounting to privacy.