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(영문) 수원고등법원 2020.05.07 2019나13786
손해배상(건)
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of this Court’s judgment cited in the judgment of the first instance is as follows, and such reasoning is identical to the reasoning of the judgment of the first instance except for the following “the amended part of 2.0” and thus, it is acceptable in accordance with the main sentence

2. The revised portion of 5 pages 3 to 7 pages 6 shall be as follows:

[2] Whether noise and vibration damage occurred or not) The following facts are acknowledged in full view of the overall purport of the pleadings in the statements in evidence Nos. 7 through 10, 15, and evidence Nos. 2-1, 3, and 4 as follows. For the first time, the former F is a Class 3 general residential area, and the Plaintiff’s operation center is a Class 2 general residential area. The arrangement between the Plaintiff’s operation center (hereinafter “applicant”) and the construction site of each city is as shown in the separate sheet, and the center is located at a point less than 20 meters away from the site of the construction site. In addition, the center’s apartment model was removed at the center’s front site of the center, and Defendant D’s 4 entrance (hereinafter “Ma4”) was removed, and Defendant D’s apartment site was removed at the center around the center, and Defendant C and D’s noise was generated at the level of noise level from May 27, 2016 to 12, 2017.

(A) The case in which the use of Defendant C’s pressure chain is measured by 69dB (A) and the case in which M detached Housing (hereinafter “Co-house”) was measured on November 15, 2016 and around 09:30 on November 15, 2016.

(A) 67dB(A) due to the use of Defendant D’s astronomical air.

As a result, Defendant C and Defendant D received improvement orders and administrative fines.

【K Apartment, the noise measurement area, is located at the point 20 meters north from the construction site, and the detached house is located at the point 3 meters south from the construction site.

The Central Environmental Dispute Mediation Committee shall be based on the details of equipment used, separation distance, topographical conditions, and building location.

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