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(영문) 수원지방법원 안양지원 2018.12.12 2017가단122114
손해배상(기)
Text

1. The defendant stated in the plaintiff's Schedule column in the separate sheet to the plaintiffs as stated in each of the total evaluation column in the separate sheet, and as to this, on June 2016.

Reasons

1. Facts of recognition;

A. From Jun. 2015 to Nov. 2, 2017, the Defendant performed the “new construction work of multi-family housing in the area C” (hereinafter “instant construction work”) from Jun. 2, 2015 to Jun. 2017.

B. During the construction period of the instant case, the Plaintiffs were residing in each of the relevant households indicated in the attached Table / heading column of the Suyang-gu, Suyang-gu D (hereinafter “instant apartment”).

C. On the ground that noise occurs at the construction site, neighboring residents at the construction site of this case filed a civil petition with the Mayang-gu Office at Ansan-gu Office over 93 times during the construction period. On the basis of the noise level measurement of the Mayang-gu Office at Ansan-si, it was found that the construction site’s daily living noise control level exceeds 65db (see Article 21(2) of the Noise and Vibration Control Act, Article 20(3) of the same Rule, and attached Table 8) as indicated below.

On August 1, 2016, the noise level (DB (A) [dB (A)] Regulation (dB (A)] No. 695, August 22, 2016; and on September 22, 2016, neighboring residents, including the plaintiffs, in the construction site of this case, have suffered mental damage due to noise generated at the construction site. The committee filed an application for adjudication with the Central Environmental Dispute Mediation Committee, claiming that the noise level was 75 db, maximum noise level was 67 db, and the maximum noise level was 67 db, which exceeded the above regulation standard within the limit of 2 months, as shown below.

The noise level of main equipment (DB (A) during the base excess period (DB (160 days) period from July 6, 2015 to April 22, 2016, 66 to April 22, 2016, 45-64 - Dump/dump trucks within the period of 66-75 months, such as cump trucks, gump trucks, air conditioners, etc. - Cump trucks from November 5, 2015 to December 6, 2016 to December 26, 2016, the basis for the review of causation between damage and damage within 48-67 months.

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