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(영문) 서울서부지방법원 2018.04.06 2017가단214360
손해배상(기)
Text

1. The Defendant shall exclude Plaintiff K from KRW 1,500,00, Plaintiff H and L, respectively, KRW 500,000, Plaintiff K, H, and L.

Reasons

1. Basic facts

A. The Defendant is a contractor who was awarded a contract for the construction work of the Eunpyeong-gu Seoul Metropolitan Government 12 dong (220 households) and ancillary welfare facilities (the instant construction work) and is doing construction work since January 2016.

B. The plaintiffs are residents living in Q apartment (the apartment of this case), Sdong, and Tdong, adjacent to the construction site of this case, and the relative location of each Dong and construction site of the above apartment is as shown in the attached Form.

C. Residents of the instant apartment complex filed a multiple civil petition with the purport that the Defendant suffered damages due to noise, smoke, etc. generated at the construction site of this case from April 2016 to June 2017.

The competent authority of Eunpyeong-gu has directly measured the noise level of the construction site of this case in the process of partial civil petition processing while providing administrative guidance to the defendant to minimize the inconvenience of neighboring residents caused by noise at the construction site. The result is as follows.

(Measurement on May 17, 2016 and December 20, 2016, within the boundary line of one story U under the method of measuring living noise among the fair noise and vibration test standards, each of the measurements was conducted at a point 1.0 meters away from the wall surface of the instant apartment building T-dong (DB (A) on May 17, 2016). The date and time of measurement [dB (A) on May 17, 2016] on June 10, 2016, June 18, 2016, each of the facts stated on July 20, 2016, 2016, including the fact that there is no dispute over Gap, Gap’s 1, 46 through 36, 136, 201 or 5, the purport of each of the oral argument and evidence of Eunpyeong-gu court as a whole.

2. Assertion and determination

A. The plaintiffs asserted that the plaintiffs suffered mental suffering due to the noise, vibration, dust, smoke, etc. that occurred during the instant construction works, thereby infringing the stability of residential life, and thus suffering from mental suffering. The plaintiffs sought reimbursement of consolation money as stated in each of the claims against the defendant.

B. In the case of judgment 1-related legal principles and regulations and ordinary construction works.

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