A. On May 27, 2008, the Plaintiff entered into a contract on the removal of obstacles within the instant project site (hereinafter “instant removal contract”) with the Defendant Gyeonggi Environment Construction Co., Ltd. (hereinafter “Game Environment Construction”) as the implementer of the housing redevelopment improvement project (hereinafter “instant project”) whose size was a 75,352 square meters in Seongdong-gu, Sungnam-si, Sungnam-si, and the Plaintiff jointly and severally guaranteed the Plaintiff’s debt owed to the Defendant Gyeonggi Environment Construction.

B. From June 9, 2008, the Defendant Gyeonggi-si Construction performed preparatory work, including submitting a construction plan, by ascertaining the current status of obstacles to the removal from the instant project site and submitting the construction plan to the Plaintiff. On August 13, 2008, the construction commenced to remove the construction on the same day as the obstruction to the side of the National Association of Residents for Removal, and subsequently, on August 20 and August 25, 2008, it was subject to an administrative disposition (hereinafter “instant administrative disposition”).

C. The council of occupants' representatives in the vicinity of the project site of this case filed a civil petition against noise generated in the project site of this case with the Sungnam-si Office. Accordingly, the Sungnam-si Office measured the noise level generated in the project site of this case in the neighboring apartment site of this case. On March 11, 2009, when the construction of the defendant Gyeonggi-si was performing the removal construction of this case, the noise level of March 11, 2009 was measured to 66.8dB exceeding the noise level (65dB) set forth in noise-related statutes, such as the Noise and Vibration Control Act, and the head of Sungnam-si Office issued a disposition such as the imposition of administrative fines and the order to reduce noise against the construction of the defendant Gyeonggi-si

The defendant's Gyeonggi Environment Construction is the business area of this case around the beginning of September 2008.