손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is the owner of two-story housing and warehouse (hereinafter “instant building”) on the ground of Choju-si, the Choju-si.
The instant building was approved for use on August 13, 2001.
The instant building is located in an agricultural and forest area prescribed by the National Land Planning and Utilization Act.
B. From the beginning of the instant building to the present date, the Defendant is running blasting work following the development of 12:0 to 13:00 each day from 13:00 on a day from the main house in the Hanju-si located from the instant building to around 800 to 13:00 on a day (hereinafter “instant blasting”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, 12, Eul evidence No. 4 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The plaintiff's assertion is liable to compensate the plaintiff for property damage caused by vibration generated in the process of the blasting of this case pursuant to Article 44 (1) of the Framework Act on Environmental Policy, such as cracks and breakages, and mental damage caused by the plaintiff.
Therefore, the Plaintiff claimed against the Defendant for the payment of consolation money of KRW 13,581,50 for the repair cost of the building of this case and the Plaintiff’s mental suffering, and for the delayed payment damages of KRW 30,000 for the total amount of KRW 30,00,000.
3. Determination
A. According to Article 44(1), Article 3(1), Article 3(1), Article 3(3), and Article 44(4) of the Framework Act on Environmental Policy (hereinafter “Framework Act”) of the Framework Act on Environment Policy, in a case where damages are incurred due to environmental pollution caused by a workplace, etc., the pertinent business operator shall compensate for such damages, even if there is no cause attributable to it, and the above environmental pollution includes damage to human health or the environment through noise and vibration.
However, it is possible that the Framework Act on Environmental Policy would normally operate the normal level of damages.