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(영문) 춘천지방법원영월지원 2020.10.14 2019가단11741

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 13, 2007, the Plaintiff made a move-in report on the resident registration as “T” on September 13, 2007, and again made a move-in report as “T” on August 31, 2017.

B. On October 18, 2016, the Defendant completed the FF Power Station E located in Taecheon-si, and the said power plant is installed with six equipment for wind power generation 3,000kW.

C. On the other hand, with respect to H projects on May 26, 2015, G village and Taecheon-si prepared an agreement stating that “G village cooperates in the projects, such as obtaining written consent from residents, and the Defendant shall pay G village KRW 410 million under the name of the Village Development Fund” (hereinafter “instant agreement”).

[Ground of recognition] Gap evidence Nos. 1, 2, 3, 6, 9, Eul evidence No. 1, and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff’s assertion is that the Defendant created and operated a wind power generation complex in the vicinity of the Plaintiff’s residence. As a result, the Plaintiff suffered risks, such as landslides due to environmental destruction, and low-frequency from each generation machine, noise damage, etc.

Although the Defendant paid KRW 410 million to G village in Taecheon-si where the Plaintiff resides, the Plaintiff did not compensate the Plaintiff for damages, and the Plaintiff did not receive a distribution of the village development fund from G village.

Therefore, the plaintiff is claiming against the defendant for the payment of 30,000,100 won and damages for delay as compensation for damages arising from illegal acts.

B. The Defendant asserted that the village development fund was already paid to G village in accordance with the instant agreement, and the Plaintiff was not a village resident since he did not reside in G village at the time of preparation of the said agreement.

Therefore, the defendant is not liable for damages against the plaintiff.

3. Determination

(a) Sheets, Gap evidence Nos. 11 to 17, and Eul evidence Nos. 2 (including branch numbers for those with serial numbers).