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(영문) 수원고등법원 2020.12.10 2020나13751
손해배상(건)
Text

1. All appeals filed by the plaintiffs and the defendants are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. The reasoning of the judgment of the court of first instance cited this case is that the part of the reasoning of the judgment of the court of first instance is identical to that of the defendants, and thus, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for cases of cutting, adding or deleting as

2. The fourth part of the judgment of the court of first instance, “new construction works” in the fourth part of the judgment of the court of first instance (hereinafter “instant construction works”) shall be added to “new construction works” (hereinafter “instant construction works”).

Part VI through 8 of the judgment of the court of first instance shall be followed as follows.

“However, in light of the following facts and circumstances, the evidence Nos. 4 through 8, Eul evidence No. 1, Eul evidence No. 1, Eul evidence No. 1, 7 through 9, and the fact-finding results of the first instance court's fact-finding on the Gwangju market, which can be acknowledged by comprehensively considering the overall purport of the pleadings, it is difficult to find that the above facts alone can be acknowledged that the Plaintiffs agreed to bring an action against the Defendant D with respect to the damages caused by noise, vibration, dust, etc. of the instant construction in November 2015, and there is no other evidence to acknowledge otherwise.

(See Supreme Court Decision 2017Da217151 Decided August 14, 2019, etc.). Defendant D’s aforementioned defense is without merit.

① Around July 2015, Defendant D commenced the instant construction work, and the Plaintiffs filed a civil petition with Defendant D regarding inconvenience due to noise, vibration, dust, etc. arising from the instant construction work.

Accordingly, Defendant D submitted a civil petition plan to Defendant G on September 9, 2015, and completed each written confirmation and paid the agreed amount on November 5, 2015 and November 19, 2015, which is about two months after the two-month period.

At the time, N acting for the Plaintiff A is entitled to agree on a dispute (noise, vibration, and dust) civil petition relating to the instant construction project by the Plaintiff.

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