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(영문) 부산지방법원 2021.02.03 2020나48642
손해배상(기)
Text

All appeals by the plaintiffs against the defendants are dismissed.

The costs of appeal are assessed against the plaintiffs.

the purport and purpose of the claim;

Reasons

1. In addition to the evidence newly submitted to this court in the first instance judgment citing the judgment of the court of first instance, even if all of the allegations of the parties are examined, the judgment of first instance is recognized as legitimate.

Accordingly, the reasoning of the judgment of this court is identical to the reasoning of the judgment of the first instance except for dismissal or addition as follows, and thus, it is acceptable to accept the judgment in accordance with the main sentence of Article 420 of the Civil Procedure Act.

“At the end of the 11th day of the first instance judgment’s 3rd day of the 11st day of the trial,” continuing to add “the following”:

“A dump truck during the 12th parallel of the 3th parallel of the judgment of the first instance is much higher than the upper end of the 3th parallel of the 12th parallel of the judgment,” and “a dump truck is added without covering the cover.”

The 11th to 13th of the 5th of the judgment of the first instance is as follows.

“(1) The noise measurement result of the instant disposition seems to have been measured at a place significantly different from the plaintiffs’ workplace, so that such noise has occurred in the plaintiffs’ workplace.

It is difficult to conclude that the noise measurement result of the instant disposition was measured at a place less than 10 meters away from the plaintiffs' workplace. However, the noise measurement machine installed at the place of attachment claimed by the plaintiffs A, separate from the noise measurement machine which measured the degree of noise that served as the basis of the instant disposition, appears to have been installed by the defendant company. In addition, it is insufficient to recognize that part of the noise measurement machine installed by the defendant company exceeded the noise standard. However, the evidence submitted by the plaintiffs alone alone is the result that the noise from the instant construction is excluded from the background noise and purely and repeatedly, and that the noise measurement result by the said noise measurement machine exceeds the noise standard. The plaintiffs' workplace is not a general residential area, but a place where the automobile maintenance involving the occurrence of noise is conducted.

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