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(영문) 서울중앙지방법원 2016.02.25 2015가단5119188
손해배상(기)
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. The plaintiff's assertion

A. On January 17, 2012, the Plaintiff and wife appointed parties C, the designated parties D, E, and F have been transferred to Seoul on January 17, 2012 and have been living so far. The Defendant had been living in 202, the immediate upper floor of the same building since then.

B. B. Before the transfer of the Plaintiff and the designated parties, the Defendant had installed and operated the air conditioner room in his own residence under the right below the window of the first floor housing where the Plaintiff and the designated parties reside.

C. The Plaintiff and the designated parties suffered from diseases, such as acute chrogenitis, Alphurine infection, acute hemaritis, hemaritis, salvatitis, and acute maritis, which were generated by the Defendant’s air conditioners outside the air conditioners, due to heat, noise, dust, etc., and the designated parties suffered from a disease, such as acute chropitis, alvaritis, acute salvatitis, and the designated parties suffered fung in the remote area of the Plaintiff’s housing.

The Defendant is liable to compensate the Plaintiff for damages incurred to the Plaintiff and the designated parties due to the installation and operation of air conditioners that exceed the limit of admission by the Plaintiff and the designated parties. (i) The Plaintiff is obligated to pay the Plaintiff KRW 14,600 for medical expenses, KRW 50,90 for the Selection C, KRW 19,800 for the Selection, KRW 29,800 for the Selection, KRW 29,800 for the Selection, KRW 5,800 for the Selection, KRW 295,00 for the Selection, KRW 295,00 for the Selection, KRW 3 consolation money for the Plaintiff, KRW 1.5 million for the Selection, KRW 4320,00 for the Selection, KRW 300,00 for the Selection, and KRW 2.4 million for the Selection F.

2. Determination

A. The evidence submitted by the Plaintiff alone led to the Defendant’s operation of air conditioners, thereby suffering from the disease as alleged by the Plaintiff.

Fungi in a remote area of the Plaintiff’s housing;

It is not sufficient to recognize that the Plaintiff and the designated parties suffered from mental suffering by generating air-conditioning noise, dust, or heat beyond the scope permitted by social norms, and there is no other evidence to acknowledge it.

(b).

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