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(영문) 서울중앙지방법원 2013.12.18 2012가합14680
채무부존재확인
Text

1. It is due to the material discharged from the factory located in Songcheon-si, Songcheon-si, 289 by the plaintiff (Counterclaim defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

Plaintiff 1, 2013

2. As the trade name was changed from Acement Co., Ltd to Acrypt Co., Ltd, it was divided into Acrypt Acrypt Co., Ltd and Acrypt Co., Ltd. on the same day, and a new Acrypt Co., Ltd succeeds to the rights and obligations of an Acrypt Co.

hereinafter referred to as “Plaintiff” without distinction before and after the succession.

After cement manufacturing and sale was established on April 26, 1957, and then on December 12, 1965, cement factory (hereinafter referred to as “Plaintiff factory”) on the ground 289, i.e., Cement (hereinafter referred to as “Plaintiff factory”).

Defendant A, E, F, H, J, N,O, P, and R and S are producing cement of about 4.5 million tons each year at the above plant. From around 1968, Defendant G was from around 1983 to around 1978, Defendant I had been operating from around 1968 to around 1978, and from around 197, Defendant K had been operating an electric chimney facility with high air pollution rate of 1,000 factories from around 1968 to around 201, Defendant M had been or had been residing in each of the pre-existing facilities from around 1987 to around 1983, and from around 197 to around 197, Defendant Q had been operating an automatic air pollution cooling system at each of the facilities including the Plaintiff’s heir and heir of the facilities, the status of the construction and management of the 1,500-1, the 196-1, the heir and heir of the facilities.

The installation, dust emission level, compliance with the permissible emission level, and the proper operation of preventive facilities are remotely managed.

At present, the plaintiff aims to suppress the generation of dust on the factory and its surrounding roads.

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