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(영문) 서울고등법원 2016.11.24 2015나32167
채무부존재확인
Text

1. Of the judgment of the first instance court, the part against the Defendant-Counterclaim Plaintiff is modified as follows.

Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. (1) Plaintiff AC Cement Co., Ltd. (from October 2, 2013, to AC Cement Co., Ltd.) was divided into AP AP and AP cement Co., Ltd. on the same day, and the new AP cement Co., Ltd succeeded to the rights and obligations of the existing AP cement Co., Ltd.

“Plaintiff Acement” without distinction before and after the succession.

) A cement plant (hereinafter referred to as “a cement plant”) on the ground of Cement, 1965, around 1965.

2) The Plaintiff Hyundai Cement Co., Ltd. (hereinafter referred to as “Plaintiff Hyundai Cement”) constructed cement factories (hereinafter referred to as “ current cement factories”) on the ground of Gangseo-gu Seoul District P in 1992, and produces cement factories (hereinafter referred to as “Plaintiff Hyundai Cement factories”) on a yearly basis, around 199, and around 4 million tons per annum in the current Hyundai Cement plant.

3) The Defendants (Defendant C, N, the decedent, and the network T) are residents residing or residing in the Jeju-si, Songcheon-si, Songwon-gun, Seocheon-si, Gangwon-do. The Defendant’s spouse died at the 3 network R (C) from October 7, 1998 to December 1, 1969 as of December 24, 198 to March 22, 201, from October 20 to August 22, 201, the 3 network (N) net from October 20, 201 to August 22, 201, the 3 network from August 22, 201, and the 3 network from March 24, 201, the 3 network from October 20, 201 to August 22, 2010, the 3rd-si, Seocheon-si, Seocheon-si, the 3rd-si, the 201.

B. At around 1965, the current status of the installation of air pollution prevention facilities of the plaintiffs' factories, etc., 1 AC cement factories, and since the commencement of each operation in 1992, 1 AC CC factories, around January 2003 in the case of AC cement factories, and around March 2004 in the case of Hyundai Cement factories, each air pollution prevention facilities are higher than the processing efficiency at the existing electric power production facilities.

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