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(영문) 청주지방법원 2015.06.11 2014가합25082
손해배상(기)
Text

1. The Defendant: (a) 106,247,756 won on Plaintiff Neow Co., Ltd.; and (b) 22,911 on Plaintiff Neow Co., Ltd.

Reasons

1. Facts of recognition;

A. Plaintiff Nits are companies established for the purpose of manufacturing and selling semiconductors, electronic parts, and chemical products. Plaintiff Nits are for the purpose of manufacturing and selling electrical and electronic materials, and for the purpose of manufacturing and selling Plaintiff Nitsel’s electronic equipment and optical elements, and for the purpose of selling and selling luminous elements. Defendant is each company established for the purpose of manufacturing and selling alits.

B. On April 10, 2013, around 03:30, at the Defendant’s factory located in Cheongju-si, the Cheongju-si Science Industry 2-587-20, the gas, such as sulfur oxide, sulfur oxide, carbon dioxide, etc. (hereinafter “instant gas”), generated from the combustion of plastics, which is a material of the Ansann Business, due to the malfunction of the mid-to-grhee’s temperature center and the exhaustr equipment, was leaked into each plant of the Plaintiffs, which is located in 2-587-32 near the above plant.

(hereinafter referred to as “instant accident”). C.

Accordingly, the workers, who were working in each plant of the plaintiff Nits and the plaintiff Nitsplate, had received the examination and treatment at the hospital by appealing the old soil and two parts, and the operation of each of the plaintiffs' factories was temporarily suspended.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 3, 4, 5, and 8 (including those with a serial number; hereinafter the same shall apply), the result of the fact inquiry to the basin basin basin environmental office of this court, the head of Daejeon regional employment and labor office of Daejeon, the purport of the whole pleadings, as a result of the fact inquiry,

2. Judgment on the defendant's liability for damages

A. 1 Generally, the burden of proof of the perpetrator’s harmful act, the victim’s occurrence of damages, and the causal relationship between the harmful act and the occurrence of damages is borne by the victim who is the claimant.

However, in a lawsuit claiming compensation for damage caused by air pollution or water pollution, the perpetrator discharges any harmful material and reaches the damaged article.

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