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(영문) 수원지방법원 2017.04.25 2016가단527499
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. The Plaintiff’s assertion (1) The Defendant, from July 25, 2013 to October 17, 2013, performed the ground blasting construction project while performing B (hereinafter “instant construction project”).

(2) Inasmuch as the Defendant’s above ground-frequency project caused damages to the Plaintiff’s wife population C, which is adjacent to the Plaintiff’s land-building house (hereinafter “instant house”), the Defendant is obligated to pay KRW 10,000,000 to the Plaintiff as damages.

B. (1) In full view of the overall purport of the pleadings in the statement No. 6 and No. 2, the following facts can be acknowledged: (a) the Plaintiff’s instant housing located in the vicinity of the instant construction site; (b) the Industrial Safety Management Co., Ltd. was requested by the Defendant to investigate the injury to the instant housing; and (c) rendered services from October 29, 2013 to February 15, 2014 upon receiving a request from the Defendant to provide the investigation service on the injury to the instant housing; and (d) the fact that the instant housing was confirmed such as the defect of opening and closing the door frame, door frame, the defect of the number of doorlights, the interior rupture, the damage of the external floor board

(2) On the other hand, according to the evidence Eul evidence 2, ① the establishment of noise and vibration standards related to blasting construction at the construction site of this case is set and managed within the domestic control standards (noise: 75dB, vibration: 0.2 cm: 0.2 cm). The noise and vibration in the housing of this case are confirmed to be below the control standards. ② The housing of this case is located in the slope part of the slope, and the front of the housing of this case is located in the slope part of the slope toward the lower direction, and the housing of this case was investigated as the basic subsidence occurred. ③ The industrial safety management company appears to be due to the alteration of the door frame, water leakage, etc. generated in the housing of this case based on the above facts, and the influence caused by the ground blasting construction works.

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