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(영문) 대구지방법원서부지원 2016.08.25 2015가단37270

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. From around 2006, the Plaintiff is growing down trees on the ground of Gyeong-si, Gyeong-si, Gyeong-si, and D.

B. From around 2008, the Defendant is a company running a business manufacturing metal bricks by recycling metal materials on the ground of the E land adjoining to the above land.

[Ground of recognition] Unsatisfy, entry of Eul evidence 1, purport of whole pleadings

2. The Plaintiff’s assertion that the dust generated in the course of the Defendant’s manufacturing metal brick did not have opticalthesis because of the difference between the Plaintiff’s farm and the Plaintiff’s farm, or the Defendant incurred losses from the Plaintiff’s death of pine trees due to the pattern of ness working, which occurred due to neglect of management, being infected with the pine trees planted on the Plaintiff farm while growing pine from the F land adjacent to the Plaintiff farm. As such, the Defendant is liable to compensate the Plaintiff for damages, 25,60,000 won (32 x 80,000 won (price per 10 x 10 years) due to the Plaintiff’s death around 2013, and 11 x 32 glus death around 2014, which was 25,60,000 won (amount per 210,000 won), among which part of the damage amount was 210,000 won and delay damages therefrom.

3. It is not sufficient to recognize that the descriptions and images of the judgment fee, Gap 1 through 12 (including each number in the case of virtual numbers) were killed due to the dust in the defendant factory or the contagious disease in the nesnes of the work pattern on the FF ground administered by the defendant, and there is no other evidence to recognize it. Thus, the plaintiff's above assertion is without merit without need to further examine the amount of damages, etc.

4. Thus, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.