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(영문) 인천지방법원 2014.07.24 2012가합21061
약정금
Text

1. The Defendant shall pay to the Plaintiffs each amount of KRW 200,000,000 and each of the above amounts, from November 1, 2004 to July 24, 2014.

Reasons

1. The plaintiffs and the defendant are neighboring companies operating a factory within the Incheon Southerndong Industrial Complex. From May 28, 2004, the following agreements were made (hereinafter "the agreement of this case") around May 28, 2004 when they suffered conflict over the vibration generated in the factory at the location of the defendant's main office (hereinafter "factory of this case").

The Defendant, through the vibration generated in the plant of this case, has caused physical damage, such as psychological anxiety and stress, and building cracks, to the Plaintiffs for more than three years, and agreed to install a dust-proof facility to control the vibration generated in the plant of this case below the agreed value by recognizing the Plaintiffs’ damage.

(1) By July 30, 2004, the Defendant shall install a dustproof facility to ensure that by the time of operating all facilities generating vibration used in the factory of this case, the level of vibration emission generated at the same time does not exceed 50 db(V).

Although the current law recognizes that the permissible emission of vibration is 60 db(V), it is agreed that the above criteria are 50 db(V) in consideration of the damages suffered by the plaintiffs through consultation.

(2) On October 31, 2004, 300,000 won shall be paid to the plaintiffs, respectively, if the defendant violates the agreement of this case.

(5) [Ground for recognition] . [Ground for recognition] .. Facts without dispute, entries in Gap evidence 1 and 4 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings.

2. Determination

A. As a result of the court’s verification of the cause of the claim, comprehensively taking account of the appraiser A’s appraisal results, the fact-finding results on the Asian Noise and Vibration Research Institute Co., Ltd. in this court’s overall purport of the pleadings, the measurement of vibration based on the point of each plaintiffs’ factory boundary on October 7, 2013 is as follows. Accordingly, the defendant may be found to have violated the above agreement by failing to perform the duty of installing earthquake-proof facilities until July 30, 204 as stipulated in the instant agreement, and there is no other counter-proof.

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