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(영문) 서울고등법원 2015.11.12 2014나39055
손해배상(공)
Text

1.The judgment of the first instance shall be modified as follows:

Defendant

2. The “personal amount” in the cited amount list.

Reasons

1. Basic facts

A. The plaintiff et al. living in the area of the plaintiff et al. before or after the construction of the water source airfield

2. The term "first transfer time" in the quoted amount list means transfer to the chemical bottle dong and Jinandong, the neighboring of the Suwon Airfield on each of the relevant dates stated in the attached Form;

3. The term “resident” in the claim amount list has maintained the resident registration for each corresponding period indicated in the “resident period” in each of the relevant addresses.

B. The history, current status, and use situation 1) of the Suwon Airfield was installed around November 28, 1954, around 4km in South and North Korea. Two runways in length extending out to the direction of the two Koreas are operated mainly by KF-5E/F combat machine, RF-4C inspection devices, etc. In the case of the Suwon Airfield, 6,515 times (average 31.17 times a day average) in total for 209 days in total for 209 days, 6,515 times in total for 67 days in total (ordinary 18:30 through 20:15 times a day average) in total for 571 times in total (ordinary 18:5 times a day average 8:5 times a day), and 10:40 days in total for 10 days in total (10:40 days a day average 10:5 times a day average) in total (30:10 days a day average 10:40 days a day per day).

C. The characteristics of aircraft noise and aircraft noise generally divided the characteristics of aircraft noise and the legal standard of 1 aircraft noise into propelling system noise such as engines and air dynamic noise in gases. At the same time, aircraft noise mainly divided into high metal noise and shocking noise generated in large quantities in the air and in comparison with other noise sources.

On the other hand, the noise damage caused by residents by taking off and landing is greater, and the maximum noise level or the strength of high frequency ingredients causes the greatest degree of harm to people, and the strength of high frequency ingredients is most cases compared to civil aircraft.

Especially, combat aircraft is different from civil aircraft.

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