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1. All appeals by the plaintiffs (appointed parties) are dismissed.
2. The costs of appeal are assessed against the Plaintiff (Appointed Party).
Reasons
1. The Defendant asserted that the Plaintiff et al. transported construction waste and caused inconvenience in noise, dust, vehicle traffic, etc., thereby causing physical and mental damage to the Plaintiff et al.
In particular, the defendant paid KRW 100 million to J, the head of Kimpo-si, Kimpo-si, the name of the development fund, and 21 households, other than the plaintiff, were divided into KRW 4.5 million.
This is because the defendant has compensated for damages caused by environmental pollution, etc. to neighboring residents, the plaintiff, etc. who resides in the Ig of Kimpo-si is also obligated to compensate for 4.5 million won.
2. Determination
A. In general, the claimant bears the burden of proving the perpetrator’s harmful act, the victim’s occurrence of damages, and the causal relationship between the harmful act and the victim’s occurrence of damages.
However, in a lawsuit claiming compensation for damage caused by air pollution or water pollution, requiring the victim to provide a scientific strict proof of the existence of a factual causal relationship may result in the refusal of judicial relief due to pollution. On the other hand, since technical and economic aspects are much more easy to investigate the cause of the perpetrator rather than the victim, and since there is a concern that the perpetrator may conceal the cause of damage, if the perpetrator discharges any harmful substance and caused damage by arrival of the damaged object, the causal relationship between the harmful act and the damage suffered by the victim can be acknowledged unless the perpetrator proves that the damage was not caused by the occurrence of the damage.
However, in this case, at least the perpetrator discharges harmful substances, the fact that the degree of harm exceeds the generally accepted limit in the social life, the fact that it reaches the damaged object, and the burden of proof on the fact that the victim suffered damage still.