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(영문) 광주지방법원해남지원 2020.12.22 2019가단200703
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is operating a fish farm (hereinafter “instant fish farm”) in the area of 2,648 square meters in Jeonnam-gun, Jeonnam-gun. The Defendant is operating a fish farm (hereinafter “instant fish farm”) in the area of 2,936 square meters adjacent to the said land and road, which is located between the said land and the road.

B. On July 20, 2016, the Plaintiff purchased 180,000 US dollars in total (=180,000 US x 210 won per US x 10,000) and cultivated them in the instant aquaculture.

C. Around February 2018, the Defendant entered into a construction contract with the Defendant and entered into a construction contract with the former, South-Namnam-gun Emba-gun, 998 square meters, where both of the instant money were located, and the F was in the middle of the period of brucing brucing work (hereinafter “ppuri work”) as a bructor.

(hereinafter “the primary construction of this case”). D.

Around July 2018, the Defendant: (a) around July 2018, built a passage in the area of 1,400 square meters, etc. in the Jeonnam-gun G farm site in the Republic of Korea, where the instant two pigs were located; (b) the Defendant entered into a construction contract with the Defendant, and (c) concluded a construction contract with the Defendant, and (d) was

(hereinafter referred to as “instant secondary construction,” and “each of the instant construction,” together with “the instant primary construction,” / [based on recognition] of absence of dispute, Gap’s 1 through 5 and 9 evidence, witness F’s testimony, and the purport of the entire pleadings.

2. Summary of the plaintiff's assertion

A. The Defendant’s noise and vibration generated during each of the instant construction works, which led to 150,000 Mari-ri, located in the instant cultivation site adjacent to the site of the instant construction works, collectively (hereinafter “the instant closed death”). The Defendant is liable to compensate the Plaintiff for the damages incurred by the Plaintiff pursuant to Article 44(1) of the Framework Act on Environmental Policy.

B. After the closure of the instant case, the Plaintiff sold KRW 4,334,00,00 in total, a 30,000,000,000,000, and the Plaintiff entered the instant club from July 2016.

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