손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
The plaintiff was engaged in the wholesale and retail business after reporting the land fish farming in E in Sju City.
Defendant B and C entered into a new construction contract with Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on the above land as an owner of F large 129m2 in Sju-si, and the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”). The Defendant Co., Ltd commenced the construction project on July 2016 as a policeman.
On the other hand, in July 2016, fish, etc., such as mergs and frackers in the Plaintiff’s aquaculture, were discarded.
(2) The Plaintiff’s assertion of the purport of the Plaintiff’s assertion as to the Plaintiff’s assertion as to the Plaintiff’s assertion by Gap’s evidence Nos. 1 through 6, witness G’s testimony, and the entire pleadings was conducted by the Defendants, as long as the Plaintiff’s assertion was opened during construction, vibration and noise were transferred to the Plaintiff’s cultivation, and the Plaintiff’s damage was assessed to KRW 141,00,000 as a result of the Plaintiff’s damage adjustment. The Defendants are obliged to compensate the Plaintiff for the said damage.
Judgment
Witness
According to G and H’s testimony and appraiser I’s appraisal results, the distance between the Plaintiff’s water tank and old-age plantation and the Defendants’ construction section is about 94m to 139m. The Defendants generated noise and vibration while performing construction works for the removal of base stones on July 19, 2016, and the Plaintiff demanded the suspension of construction work at the construction site on July 20, 2016, and the Plaintiff demanded the suspension of construction work at the construction site and the suspension of construction work after the suspension of construction work, can be acknowledged.
However, it is not sufficient to recognize that the instant accident occurred due to noise and vibration generated by the Defendants’ construction works, and there is no other evidence to acknowledge it.
Rather, in full view of the results of appraiser I's appraisal, we look at between the Plaintiff's aquaculture and the point of construction work of the Defendants.