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(영문) 창원지방법원 2015.04.30 2013가합33317
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiffs are residents who reside or resided in the window A of Changwon-si, and the Defendant is the starting work of the “Whodong Co., Ltd. Construction Work” ordered by the Korea Rail Network Authority (hereinafter “instant construction work”).

B. While carrying out the instant construction, the Defendant carried out blasting construction by using explosives in the vicinity A (hereinafter “instant blasting construction”) from November 2007 to August 2008 in order to drilling the tunnels leading to Changwon-si D from Changwon-si window C (hereinafter “instant tunnels”).

C. During the instant blasting construction, the person E in charge of the instant blasting construction site E, the person F in charge of the powder management, and G measured the noise level generated from the instant blasting construction. From November 25, 2007 to January 24, 2008, noise was measured in H parking lots, stables, village halls, and I located in the instant blasting construction. The results of the measurement exceed or close to 23 times in total as indicated in the following table.

No. 2. H 1. H 2. H 2. H 1. H 2. H 2. 1. 2. 4: 07: 07. 7. 7. 8,007, Nov. 27, 2007: 07: 07: 1. 07. 1. 6. H 2. 1. 6. H 2. 1. 6: 7. 1. 6: 7. 1. 7. 4: 7. 1. 1. 6: 6. 7. 1. 6: 7. 1. 6: 7. 1. 1. 6: 7. 1. 6. 4: 7. 6. 6. 7. 1. 5: 7. 207: 5: 76. 46. 75, 2007

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