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(영문) 서울고등법원(춘천) 2020.01.15 2019나51381
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are as shown in the Enforcement Rule of the Noise and Vibration Control Act [Attachment 8].

a) Other than a port.

The noise control standard should be applied to the port, and in light of the result of the complementary appraisal by the appraiser P of the first instance trial, the Plaintiff suffered damages exceeding the limits of attendance due to noise and low-frequency noise generated by the operation of wind power generation of this case. Therefore, it is not significantly different from the allegations in the first instance trial.

Therefore, the reasoning of the judgment of the court of first instance is as follows: (a) each “appraisal” of the following line 1, 2 lines 6, 10, 12 lines 12 lines 16 lines, 11, 8 lines 12, 13 lines 8 lines 13, 18 lines, 21 lines, 14 lines 14 lines 4 lines below the 5th table of the judgment of the court of first instance; (b) 13 lines 15 lines below the 15 lines of the judgment of the court of first instance, “In addition, according to the result of the supplementary appraisal by the appraiser P of the first instance court, where the air wind is 2.7 meters or less in the Plaintiff’s house, it is difficult to view that the air wind is above 20Hz and 31.5 Hz-80 Hz stations stations stations, and that the air wind is above 3.9 to 4.1/s 14 meters in the case of the air wind, but it is beyond 4.”

2. In conclusion, the part against the plaintiff in the judgment of the first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit.

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