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(영문) 서울중앙지방법원 2017.08.22 2016가단5233067
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant Lee Il-il Co., Ltd. (hereinafter “Defendant Lee Il-il”) is an executor of the D Norup Corporation on approximately approximately KRW 7,372m sections from B to Silung-si in Gyeonggi-do, and Defendant Hyundai Construction Co., Ltd. (hereinafter “Defendant Hyundai Construction”) is a contractor contracted for the construction work from the date of Defendant Lee Ho-il.

The Plaintiff is the owner of the E-ground building that is adjacent to the instant construction section.

B. From February 22, 2013 to March 14, 2013, Defendant Hyundai Construction performed the opening and landing construction of the instant railroad lines (F-G) and the relocation construction of sewage pipes from June 23, 2015 to December 19, 2015.

The location of the instant construction site and the Plaintiff’s building, and the separation distance between each construction site and each Plaintiff’s building are as follows, and the shortest separation distance between the relocation site of sewage pipes and the Plaintiff’s building is about 16 meters.

A

C. From July 26, 2012 to June 22, 2015, the Plaintiff filed a civil petition with the purport that noise, vibration, rupture, water leakage, etc. were generated through the instant construction project several times. On June 26, 2015, the Plaintiff agreed to the following terms and conditions with MaambC Co., Ltd., a collaborative company for Defendant Hyundai Construction.

-Agreements (A: the plaintiffs, B: MaambC)- The subject and scope of the agreement in Article 1 are noise, vibration, dust, etc. (except ruptures due to this construction) during the construction work, with respect to compensation for damage incurred to Gap residing in Gyeonggi-do Si E, and with respect to settlement of the dispute with Gap who settled the dispute under the following conditions of cooperation:

Article 2 Agreement Payments, Details and Time of Compensation

1. Contents of compensation: Environmental damage resulting from the noise, dust, vibration, etc. that has occurred or may occur in the future due to the construction work (Provided, That the heat of this construction work is excluded from the details of compensation);

2. Agreed amount: 15 million won (including all expenses for the use of outside accommodation, air-conditioning and installation, cleaning and cleaning).

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