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(영문) 서울북부지방법원 2017.09.21 2014가합23953
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On April 22, 2010, Defendant Hanhwa Construction Co., Ltd. (hereinafter “Defendant Hanhwa Construction”) was awarded a contract for the construction of a new building of reinforced concrete building of the five underground and the 12th and 20th floors above ground in Seongbuk-gu Seoul Seongbuk-gu Seoul (hereinafter “Defendant KIG”) from Defendant KK Housing Development and Improvement Project Association (hereinafter “Defendant KIG”).

B. From December 1, 2012, Defendant Hanhwa Construction commenced the instant construction from January 1, 2013 to June 2013, and continued blasting operations at the instant construction site from January 2013, and thereafter completed the instant construction works around April 2015 through retaining walls, reinforced concrete structural building, etc.

C. At the time of the instant construction, the Plaintiffs owned each P QRO NM housing in the vicinity of the instant construction site, as indicated below.

(Attachment 1, 2) . [Attachment 1, 2] . [Attachment 1, 3, 5, 1, 2, 5, 3-1 through 3, 5, 4-1 through 3, 5, 5, 5-1, 5-1 through 3, 5-5, 6-1 through 3, 5, 7-1 through 3, 5, 8-1 through 3, 8-5, 9-1 through 3, 5, 5, 14-1 through 3, 5, 5, 14-1 through 3, 5, 8, 14-8, 1 through 3, 14-3, 3, 5, 5, 5-1 through 3, 5, 1 through 3, and 5-1 through 3, and the purport of the whole pleadings.

2. The plaintiffs' claim for the construction of the defendant Hanhwa Construction

A. Under the Noise and Vibration Control Act, Defendant Hanhwa Construction, which claimed the Plaintiffs, caused noise and vibration above 75dB while performing the instant construction, even though it was necessary not to construct noise and vibration more than 75dB, and it caused noise and vibration above 75dB, and thereby, interfered with the Plaintiffs’ daily life.

Furthermore, since the construction work vibration of this case resulted in ruptures on the walls, floors, etc. of each house owned by the plaintiffs and the property damage occurred, the construction works of this case is responsible for compensating the plaintiffs for the damage incurred to them.

(b) The generation of noise and vibration;

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