손해배상금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. The Defendant was awarded a contract for construction of five apartments and their ancillary facilities on the ground of approximately 13,390 square meters (hereinafter “instant site”) of the site area in Kimhae-si D, Kimhae-si (hereinafter “instant site”) from the Housing Association for the purpose of housing construction business (hereinafter “new construction project”).
B. The plaintiff is a resident of Kimhae-si E apartment and F, and the plaintiff's residence and the distance and location of the site of this case are as shown in [attached Form].
From April 6, 2018 to October 31, 2020, the Defendant performed construction works using heavy equipment producing noise, such as digging machines and brackers, etc., on the instant land.
(hereinafter referred to as “the instant noise”) C.
When the above noise caused a civil petition filed by the plaintiff and the residents of the apartment, such as the plaintiff, several times, Kim Jong-si measured the degree of noise generated in the process of the new construction of the apartment in the plaintiff's apartment, and the result and measures are as follows.
[Units: dB (A) The noise level background of noise level subject to the measurement standard of noise level, which is subject to the measurement standard of noise level on November 13, 2018, when the measurement date is measured, 15:02th 15:02th 15:05th 73.3th 72.5th 72.67.8th 65th 7dB) and the order to take measures (third violation) such as the adjustment of implementation time (7dB) of the measurement date, the administrative fine of KRW 2 million 10:00th 10:10th 10th 66.9th 3th 67.10th 2nd 67.3th 2nd 66.1th 2nd 19:20th 14th 29:205th 75th 168th 2016th 167th 2019.
2. The assertion and judgment
A. The Plaintiff’s assertion 1 is able to take a full break time at a low time as an employee working at night. The Plaintiff’s injury cannot be properly concentrated on night work hours due to the instant construction noise.