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(영문) 수원지방법원안산지원 2014.02.20 2011가합9775

손해배상

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The plaintiff is a person who owns a multi-family house on the ground of the unit D (hereinafter referred to as the "building of this case") in Ansan-si, the owner of the building of this case and the owner of the building of the building of the building of this case and the owner of the building of the building of the building of this case, and the defendant C served as the head of the site of the construction of the building of this case.

The F Co., Ltd. (hereinafter “F”), such as the execution of the instant excavation work, was awarded a contract from the Defendant church for the “G underground excavation work” (hereinafter “instant excavation work”), and the construction of the instant excavation work was carried out from 2 lots, including, but not limited to, the Plaintiff, as a technical director of F, the field manager of the instant excavation work. From March 2009, the Defendant C, as a technical director, was working for F, to the site manager of the instant excavation work.

On April 15, 2009, the Plaintiff filed a civil petition with the Ansan-si Office (hereinafter referred to as the “Members’ Office”) when demanding correction of noise generated at the construction site of the instant ground-breaking site. The noise was measured twice between 10:00 on April 15, 2009 and 11:0 on April 15, 2009 by the member’s Gu Office from 72dB and 78dB, respectively, in excess of the living noise control level (65dB) under the Noise and Vibration Control Act.

In addition, while the excavation work of this case is being conducted, the ground of the building of this case was invaded, and there was rupture inside and outside the building.

The construction work of the instant construction work, etc. of the instant construction work, etc., was contracted from the Defendant church to the construction work of newly constructing a new gender of five stories underground and four stories above ground level on the ground and eight parcels outside Ansan-si, Ansan-si, the Defendant church (hereinafter “new construction work of the instant E”) and performed the instant construction work from the beginning of February 2010 to June 2010.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, and Gap evidence 11-1.