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(영문) 청주지방법원제천지원 2019.09.26 2018가합162
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The deceased A (hereinafter “the deceased”) was a person who was engaged in the business of creating and selling a funeral, a memorial hall, a funeral hall, a portrait, etc. while living in a school building and dormitory located in the F of the Chungcheongnamyang-gun, Chungcheongnam-gun (hereinafter “instant building”), and the Plaintiffs are the heirs of the deceased.

The Defendant is a company which, under a contract with the Korea Rail Network Authority (hereinafter referred to as “instant construction”) for construction works on the Section B of G (14.675km in the case of permanent residence of H and Gyeongyang-gun in Chungcheongnam-do, and the total construction period from January 10, 2014 to October 31, 2019).

B. As part of the instant construction, between May 2, 2017 and June 24, 2017, the Defendant carried out blasting work for the tunnel construction in the sections in which the Chungcheongnam-gun J village was passed (hereinafter “instant blasting work”). The section in which the said blasting work was carried out is approximately 87 meters away from the instant building and the straight line.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 9 through 19 (including paper numbers), Eul evidence Nos. 1 through 4, and the purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. The Defendant’s summary of the assertion caused vibrations due to the blasting work of this case and excessive excavation work, which exceeded the Defendant’s design standard, in 204 air conditioners, which were kept in the lower reading unit around the instant building, the deceased’s residence, and the Plaintiff was damaged by the damage that was caused by the leakage of or the horse conditioners, etc. being kept in the air conditioners due to the crack of the said resistance.

The defendant's blasting work constitutes a tort against the deceased, who is the owner of food in the above port Ri and port Ri, which was kept in custody of the deceased, and the defendant is the heir of the deceased, 9,4840,00 won [==74,000 won per unit of meal resistance (51,80,000 won per unit) for damages caused by the crack in the port itself due to the tort committed by the deceased.

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