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(영문) 대구지방법원 의성지원 2018.11.30 2018가단10601
손해배상(환)
Text

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

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

Reasons

The plaintiffs asserted that the Defendants are responsible for compensating for damages, since they suffered from mental and physical damages, such as water surface disorders, by generating noise or dust, while running the solar power generation facility works (hereinafter "instant construction works") around their residential areas or arable areas.

Unless there is any gross negligence on the contract or instruction, the contractor is not liable to compensate for the damage inflicted upon a third party on the work (Article 757 of the Civil Act). However, in exceptional cases where the contractor reserved the right of specific direction and supervision on the work progress and method of the contractor, the relationship between the contractor and the contractor does not substantially differ from the relationship between the contractor and his employee, and thus the contractor or the contractor is liable for the damage caused by the illegal act of the contractor (see, e.g., Supreme Court Decision 97Da29264, Jul. 7, 200). The Plaintiff recognized the fact that the contractor is the contractor who ordered the work in this case, and there is no other evidence to support that the Defendants, who is the contractor of the construction in this case, have given specific direction and supervision on the work progress and method of the construction in this case, the aforementioned assertion by the Plaintiffs is without merit.

Therefore, the plaintiffs' claims against the defendants are dismissed in entirety as it is without merit. It is so decided as per Disposition.

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