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(영문) 대전고등법원(청주) 2016.02.02 2014나1424
공장가동중지
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. 1) In order to properly dispose of livestock excreta in accordance with the Act on the Management and Use of Livestock Excreta, livestock raisers in the cheon-gu established the Defendant-based farming association for the purpose of disposing of livestock excreta on March 31, 2008. 2) After that, the Defendant-based farming association established a joint resource-generating facility for livestock excreta to make livestock excreta into liquid manure (e.g., liquid manure) by disposing of livestock excreta collected from livestock raisers as of April 31, 201, as of 1191.

(3) The place where the instant treatment facilities are located is adjacent to the upper stream of Jincheon, a small river located in Ycheon City (hereinafter “the instant treatment facilities”). The Plaintiff Village is a community of naturally formed residents, consisting of the residents living in Ycheon-si, and a large number of the residents among them live in the lower part of the instant treatment facilities and drinking spring water of 1Km away from the Jincheon-do, a small river located in Ycheon-si.

B. Around August 13, 2011, the occurrence of a liquid outflow accident in the instant disposal facility, etc. (i.e., the occurrence of an accident in the liquid outflow in the instant disposal facility) caused an accident into which the liquid manure storage in the instant disposal facility exceeded 10 tons by the negligence of employees of the Defendant corporation (hereinafter “first leakage accident”).

2) On October 7, 201, the Plaintiff community residents organized the high seas Countermeasure Committee, and held assemblies and demonstrationss that resist the first leakage accident in the vicinity of the access road to the instant treatment facilities. 2) During that process, the Defendant corporation and the Plaintiff community association drafted a letter of agreement implementation as follows:

(hereinafter referred to as the “instant performance memorandum,” and the agreement formed between the original and the Defendant pursuant to Paragraph (1) of the instant performance memorandum 1. If the last day (the material accident leaked from the instant treatment facility on August 13, 201) occurs, a factory is located in the self-supporting village.

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