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(영문) 부산고등법원(창원) 2013.08.30 2011나5595
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. Status 1) The Plaintiff is a factory in Kimhae-si D (hereinafter “Plaintiff factory”).

2) On February 2003, from February 2003 to February 2005, B was engaged in the assembly and manufacturing of electronic apparatus parts in the manufacturing industry at the factory located in the city of Kimhae, adjacent to the Plaintiff’s factory (hereinafter “Defendant factory”), and was engaged in the manufacturing of the shipbuilding machinery parts in the manufacturing of the shipbuilding machinery parts, and sold the water melting and cooking equipment to L Company around the end of 2005, and on February 20, 2007, the Defendant factory sold to the Defendant.

3) On February 20, 2007, the Defendant purchased the Defendant factory from B, and leased the Defendant factory to B from May 1, 2007 to April 30, 2008, but performed reinforcement and reconstruction work on the Defendant factory from November 2008, and thereafter, the Defendant Company L Co., Ltd (hereinafter referred to as “L”) at the Defendant factory as of the date of closing argument in the trial.

B) From around 204, the Plaintiff agreed to the effect that the Plaintiff’s roof of the Plaintiff’s factory was changed due to the dust, such as metal scrap dust, etc., generated in the Defendant factory operated by B at the time. The Plaintiff, around that time, changed the roof of the Plaintiff’s factory. Around that time, the Plaintiff had newly placed the Plaintiff’s roof color.

2) On October 31, 2006, the Plaintiff asserted that, on the roof and parked vehicles in the Plaintiff’s factory, damage was caused by the dust occurred in the Defendant factory, and urged the Plaintiff at the time that he operated the Defendant factory to establish measures to compensate for damage and to prevent recurrence. 3) On April 24, 2009, the Plaintiff asserted that on April 24, 2009, the metal scrap arising from the Defendant factory was damaged by the Plaintiff and the Plaintiff’s employees, and that compensation and measures to prevent recurrence were taken.

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