손실보상금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a person engaged in the land seeds and seedlings production fisheries, such as fish culture, by installing a fish farm with a mutual name called CF (hereinafter “instant fish farm”).
B. From November 19, 2009 to November 30, 2012, the Defendant, as part of the agricultural infrastructure improvement project, contracted for the construction of relics (i.e., “D drainage improvement project” (i., a drainage pipe construction; hereinafter “the instant construction”) in the vicinity of the instant construction project, as part of the said project, to secure water resources and build agricultural infrastructure.
Since October 2010, U.S. Co., Ltd., a contracted construction, performed the instant construction from around October 201, and due to the station of remedy, it was interrupted from around January 201 to around March 201.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 through 3 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The plaintiff's assertion
A. From Oct. 2010 to Oct. 2010, milk construction carried out the instant construction project by inserting heavy equipment, such as dump trucks and soft seasons, in the vicinity of the instant aquaculture, and due to noise and vibration generated in the process, approximately three million Korean Won died collectively from March 201 to May 201.
In accordance with Article 31(1) of the former Framework Act on Environmental Policy (wholly amended by Act No. 10893, Jul. 21, 2011) or Article 750 of the Civil Act, the Defendant, as the owner of the instant construction project, needs to compensate the Plaintiff for the damages incurred by the instant construction project.
The Plaintiff sustained damages equivalent to KRW 1,169,005,200 (=3 million x 97% x 401.72 won) in the event that 3 million won of the above-in death death death was alive by the time of sale (97%). The Defendant suffered damages equivalent to KRW 600,000,000, which is a part of the said damages, to the Plaintiff.