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(영문) 수원지방법원 2021.01.13 2018가합26980
손해배상(기)
Text

1. The defendant's KRW 46,284,262 per annum against each of the plaintiffs and 5% per annum from August 8, 2018 to January 13, 2021.

Reasons

1. Basic facts

A. The Plaintiffs are raising milch cows and meat while operating a mutual farm called “E farm” in Seo-gu, Seo-gu, Seo-gu, Seocheon-si.

The defendant is a corporation that sells business such as household, etc.

B. From March 3, 2018 and March 20, 2018 to July 10, 2018, the Defendant newly constructed a building (hereinafter “instant construction”) on a parcel, i.e., Seo-gu, Seoan-gu, Seocheon-gu, the Plaintiffs’ farm, and one parcel, located adjacent to the farm.

The construction of this case started with the logging work and began with the construction work after the civil engineering work.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, video, the purport of the whole pleadings

2. The parties' assertion

A. While carrying out the instant construction, the Defendant asserted that the Plaintiffs’ farm had been immediately adjacent, as a result of forcibly carrying out construction without setting up measures to reduce noise vibration, the Defendant generated serious noise vibrations exceeding the tolerance limit and caused serious damage to the livestock of the Plaintiffs farm, such as reduction of volume of flow, miscarriage, and waste death.

Therefore, the defendant is liable to compensate the plaintiffs for damages.

B. The Defendant’s assertion on the instant construction works all accepted the Plaintiffs’ request and carried out construction works, and made full efforts to minimize noise and vibration.

Specifically, the defendant worked without any effort to minimize vibration, changed the entrance of the site adjacent to the stock farm site to the opposite side at the time of the initial design, and installed a forest blocking.

The Defendant took measures, such as cutting and cutting trees by dump strings, while conducting dumping operations, used small trucks instead of dump trucks while performing civil engineering works, and carried the dump trucks between the truck door and the loading box in order to reduce noise.

The defendant usually uses 10 tons of reinforcement soil work, and 2.5 tons of roller and 1 ton of roller instead of 10 tons of roller.

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