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(영문) 제주지방법원 2019.01.17 2016가합11758

손해배상(기)

Text

1. The Defendant’s KRW 100,000,000 for the Plaintiff and the following: 5% per annum from December 1, 2015 to January 17, 2019.

Reasons

1. Facts of recognition;

A. From around 1999, the Plaintiff’s Plaintiff’s Plaintiff’s racing and horse production farm operation had operated “F” in Jeju City C, D, and E with its trade name, and the Plaintiff’s land was operated in the form of producing and selling racing and horse racing by using the said land as a embankment.

B. From November 2015 to April 2017, the Defendant carried out a new construction work of the first underground floor of the name “H” and the third floor of the ground-based multi-family housing (hereinafter “instant construction work”) in Jeju, a Jeju, a farm site located within the instant farm area from November 2015 to April 2017.

The approximate distance and shape between the farm of this case and the construction site of this case are as shown in the attached Table.

C. According to the noise limit and noise level 1) noise level in the construction site of this case, according to the "Standards for Calculation of Compensation Amount for Environmental Dispute 1" prepared by the Central Environmental Dispute Resolution Committee, the noise limit is 60dB (A) in the event of the occurrence of horse waste, miscarriage, stillbirth, etc. (2) according to the noise measurement of the farm of this case commissioned by the Plaintiff to the IF around August 19, 2016, the average value of the maximum noise (LAma) between 09:30 to 18:20 on August 19, 2016 is 63.6dB in the average of 68.5dB and 18:20 on August 19, 2016.

1. The characteristics of the racing and horse, etc. ① The horses of the stock farm exposed to noise and vibration stress may reduce pregnancy due to the increase of the monmon powder due to severe stress that adversely affects the blood pressure and heart impulse, and ② the occurrence of a miscarriage or stillbirth, etc. due to abnormal corrosion, such as the defect of fire extinguishing machinery and the liver disability, beyond the breeding machine system, may occur, and ③ the sudden noise and vibration may be predicted by playing the race and horse, and the miscarriage or stillbirth may occur due to credit, etc. while it turns out to the pregnant.

(4) The pulmonary death and pregnancy of a newborn baby after delivery due to noise or vibration stress.