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(영문) 광주지방법원 2018.06.28 2017가합57221
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. On December 22, 1987, the Plaintiff joined and served in C Co., Ltd. (hereinafter “C”) companies that create an automobile exhaustor (hereinafter “C”) on November 29, 2007, and was diagnosed as “emergency Amal tyrosis” on November 29, 2007 and retired from the said company on September 2008.

B. The Defendant Company is an affiliated company of C, and is a company that manufactures and supplies C, an isolation plate and cases for automobiles.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the Plaintiff asserted that, while working in C, the Defendant Company located immediately next to C, produced and supplied to C, TCE contains a large quantity of TCE contained in the isolation plate for automobiles, trichloroethylene (hereinafter “TCE”) contained in the isolation plate for automobiles manufactured and supplied to C, by the Defendant Company, while washing the isolation plate for automobiles supplied by the Defendant Company to C, while using TCE.

In addition, the Defendant Company was exposed for a long time to TCE discharged through various routes, such as atmosphere, resulting in lebial diseases.

Therefore, the defendant company is liable to compensate the plaintiff for all damages caused by the plaintiff's exposure to TCE, and the defendant company is liable to compensate for damages for 591,34,985 won and damages for delay.

B. In general, the burden of proof of causation between the harmful act and the occurrence of damage is borne by the claimant. However, in a lawsuit claiming compensation for damages due to air pollution or water pollution, there is a large number of causes discharged by an enterprise indirectly causing damage by using air or water as a medium, and in respect of pollution issues, there is a field that cannot be clearly identified at the present scientific level, so it is extremely difficult or impossible to prove one story which constitutes a causal relationship between the harmful act and the occurrence of damage.

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