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(영문) 인천지방법원부천지원 2017.11.01 2015가합104397
손해배상(공)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On August 21, 2008, Plaintiff A purchased the instant land (hereinafter “instant land”) and newly built the first floor detached house (hereinafter “instant housing”) on the said land, and completed a move-in report with Plaintiff B (C), C (A), and D (C) on January 12, 2009, and continued to reside in the instant housing.

B. From February 28, 2006, Defendant E is engaged in the manufacturing of steel products with the trade name of “K” at a factory located in the JJ of Kimpo-si located in the vicinity of the instant house.

C. From November 10, 2005, Defendant F is engaged in the manufacturing of metal doors, windows, tubes and related products, metal plates and metal structures in the trade name of “M” at a factory located in Kimpo-si located in the vicinity of the instant house from November 10, 2005.

From July 24, 2015, Defendant G is engaged in the business of manufacturing other non-ferrous metal refining, refining, and swelves with the trade name “O” at a factory located in the N in Kimpo-si located in the vicinity of the instant house.

E. From July 31, 2015, Defendant H is engaged in the same refining, refining, and joint gold manufacturing business with the trade name “ Q” at a factory located in Kimpo-si located in the vicinity of the instant house.

[Reasons for Recognition] Evidence Nos. 1 through 5, Evidence Nos. 1, 3, and 5, the purport of the whole pleadings

2. The Defendants, a factory business operator, who is the plaintiffs, shall not discharge harmful substances, various malodors, noise, etc. when a factory is operated in accordance with Article 8(2) of the Framework Act on Environmental Policy and Article 217(1) of the Civil Act, and have the duty of care to prevent damage therefrom.

Nevertheless, the defendants do not work without opening the factory entrance or roof, and do not work properly, so they release toxic substances, such as heavy metals, as they are, and discharge malodor and noise difficult.

As a result, the plaintiffs living in a place less than 100 meters away from the defendants' factories are threatened with health and peaceful daily life.

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