1. The plaintiff's appeal and the additional selective claims filed by this court are all dismissed.

2. After an appeal is filed.

1. 기초사실 피고는 2017년 4월경부터 원고가 ‘C’이라는 상호로 운영하는 점포와 인접한 건물에서 ‘D’이라는 상호로 꿀빵의 제조 및 판매를 하고 있다.

[Reasons for Recognition] Uncontentious Facts, Results of on-site verification conducted by the first instance court, the purport of the whole pleadings

2. Determination on the claim for damages due to the violation of the Framework Act on Environmental Policy

가. 원고 주장의 요지 피고가 꿀빵을 제조하면서 발생시킨 가스, 악취 등이 원고의 점포로 유입되고, 이와 같은 가스, 악취 등으로 인하여 원고의 신체 및 점포에 손해가 발생하였다.

Therefore, the Defendant asserted Article 44(1) of the Framework Act on Environmental Policy as the basis provision for liability for damages under Article 31 of the Framework Act on Environmental Policy, but it appears to mean Article 31 of the former Framework Act on Environmental Policy (wholly amended by Act No. 10893, Jul. 21, 201) and the above provision does not apply to this case.

Article 44(1) of the Framework Act on Environmental Policy that applies to this case provides that "If any environmental pollution or environmental damage has occurred, a person who causes such environmental pollution or environmental damage shall compensate for such damage."

The plaintiff's business loss, expenses for the recovery of stores, medical expenses, and amount of mental damage, etc. are liable to compensate for such losses.

B. The Framework Act on Environmental Policy provides for the principle of liability of polluter and the strict liability for damages caused by environmental pollution.

Article 7 of the Framework Act on Environmental Policy provides, “Any person who causes environmental pollution or environmental damage due to his/her own act or business activity shall be liable to prevent such pollution or damage and to recover and restore the polluted or damaged environment, as well as to bear expenses incurred in the relief of the damage caused by environmental pollution or environmental damage.”

Article 44 (1) of the Framework Act on Environmental Policy.