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(영문) 수원지방법원여주지원 2014.02.13 2012가단428
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) shall pay 22,608,000 won to the Defendant (Counterclaim Plaintiff) and its payment from January 22, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is the managing authority of the Youngdong Highway, and the Defendant operates the orchard in Ischeon-si, D, E, F, G, H, I, J, K, L, M, N,O, P, and Q (hereinafter “instant orchard”).

B. The instant orchard is located on the south side of the four-lane road located approximately 80 K-lanes in the direction of the Sindong Highway. While the two-lanes are higher than the Sindong Highway, the two-lanes adjoining to approximately 200 meters in the shape of a low slope, approximately 10 meters from the fourth lane of the expressway, and about 6-7 meters from the end of the side, and approximately 2 meters away from the end of the four-lanes. The instant orchards are installed at the boundary of the expressway and orchard.

C. The growth and fruit of fruit trees planted in the first and second column adjoining to an expressway among the fruit trees planted in the instant orchard are growing down compared to the fruit trees planted in other places.

The average daily traffic volume on the section of the expressway abutting on the Defendant’s orchard is 57,00 vehicles in 208, 57,932 vehicles in 209, and 60,894 vehicles in 2010. In the case of snow on the Yeongdeungpo Highway, the Plaintiff performed snow removal work by spraying the amount of calcium solution (30%) and salt at a location near the floor. The quantity of calcium used in the above section is 390km in 2008, 873km in 2009, 980km in 2010.

E. On July 4, 2011, the Defendant filed an application for adjudication with the Central Environmental Dispute Resolution Committee claiming that the Defendant interfered with water surface due to noise generated on an expressway, and that the use of exhaust gas and snow removal materials incurred damage, such as death of fruit water in the instant orchard. The Central Environmental Dispute Resolution Committee did not recognize damage caused by noise on November 3, 201, but recognized damage caused by exhaust gas and snow removal, and rendered a ruling that the Plaintiff would pay KRW 8,844,760 to the Defendant.

However, the plaintiff is above.

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