손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Plaintiff’s assertion
The plaintiff owns No. A229 of the building A29 in Nam-gu, Busan, and the defendant C is the owner of the D building A28 who is the next house, and the defendants are the husband and wife.
From July 2017 to around A228, Defendants installed a gas boiler in the wall (in inside the inside of the inside of the inside of the Plaintiff-owned A229, the inside of the inside of the inside of the inside of the inside of the outside of the inside of the inside of the inside of the inside of the inside of the inside of the inside of the inside of the inside of the
(hereinafter collectively referred to as the “instant construction”). During the instant construction work, construction business operators, etc. employed by the Defendants assault the Plaintiff, due to noise and vibration generated from the instant construction work and gas boiler, the Plaintiff was unable to suffer from yellow dust, telegraph resistant disorder, etc., and to engage in their occupation. The cracks in No. A229 were generated, and the stoves were followed.
Therefore, the Defendants are obliged to move gas boiler to another place and remove the gas boiler, and jointly and severally, to pay the Plaintiff KRW 16,140,000 [The amount of KRW 1,920,00 for hospitalized treatment expenses for six months = KRW 320,00 for six months (=6 months x six months) for wages of KRW 420,800 for six months (=minimum wage of KRW 1,300,000 for six months x six months) for house repair expenses of KRW 1,50,00 for six months].
2. Defendant B’s defense of this case is not the owner of No. A228, and there is no standing to be the defendant in the lawsuit of this case. However, in the performance lawsuit, the person asserted as the performance obligor by the plaintiff has standing to be the defendant. Thus, the defense is without merit.
3. Judgment on the merits
A. First, we examine the allegation of damage caused by noise and vibration.
The infringement of living benefits caused by noise and vibration is assessed as an illegal and harmful act under private law, and the level of noise and vibration should exceed the generally accepted limit of tolerance which is accepted by social norms, and such noise and vibration are acceptable by social norms.