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(영문) 대구지방법원경주지원 2019.11.27 2017가단13987
손해배상(기)
Text

1. The plaintiffs' respective claims against the defendants are dismissed in entirety.

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

Reasons

1. Determination as to the cause of claim

A. The gist of the plaintiffs' assertion is that residents living in U.S. or owners of buildings located in the same Ri, etc., Defendant Korea Rail Network Authority is an executor who is the project undertaker of the V Uniform Steel Construction Project Act, and Defendant T stock company (hereinafter "Defendant T stock company") is performing construction works of W Tools, etc. under a contract. The traffic from April 2015 to March 2016 when implementing the construction works of “X” in the W Tools of the V Uniform Steel Construction Project Act during the process of blasting and construction, etc., during the period from March 2015 to March 2016, the Defendants are jointly obligated to pay each amount of damages to the plaintiffs as compensation for damages.

B. The judgment of the court below is based on the facts that the Defendant Rail Network Authority is the executor who is the project undertaker of the V Uniform Steel Construction Project Act, and the Defendant Rail Network Authority contracted with the Defendant Rail Network Authority for the construction of the W section, etc. of the V Uniform Steel Construction Project Act from September 2013 to December 2018, the Plaintiff is the contractor who performed the construction of the “X” (X: X-Y) new construction of the said W section (hereinafter “instant construction”). The Plaintiffs are the residents living in the above U Ri or the owners of the buildings, cattle pens, etc. located in the above U Ri or the above U Ri, and the facts that the Plaintiffs were either the residents living in the above U Ri or the owners of the buildings, cattle penss, etc. located in the above U Ri, or the overall purport of the arguments and arguments, but the facts that the noise, vibration and dust dust generated from the instant construction exceed the tolerance limit under the social norms, noise and dust dust, and mental sufferings suffered by the Plaintiffs.

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