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(영문) 인천지방법원 2018.01.26 2016나57932
손해배상(기)
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff operates a sales store, such as coffee and beverage, in the trade name of “E store” in Article 101 of the Seoul Bupyeong-gu D Ground Building 101.

B. Defendant B awarded a contract to Defendant C for the interior work (hereinafter “instant construction”) in order to start the funeral business under Article 201 of the instant building.

C. Defendant C performed the instant construction from September 3, 2015 to October 9, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 4, 5, 6, 15, Eul evidence No. 1, the purport of the whole pleadings

2. The Plaintiff asserted that the Plaintiff, as a joint tortfeasor, had a business loss and mental distress caused by noise, dust, etc. arising from the instant construction project, the Defendants are liable to pay the Plaintiff the business loss amounting to KRW 8,843,50 (i.e., KRW 5,843,500, KRW 3,000,000) and the damages for delay. However, the evidence submitted by the Plaintiff alone exceeds the extent that the noise, dust, etc. that occurred during the instant construction project can be generally accepted by social norms. Accordingly, the Plaintiff’s business was hindered.

It is insufficient to recognize that the plaintiff suffered mental suffering or that the plaintiff suffered mental suffering, and there is no other evidence to recognize it.

Therefore, the plaintiff's above assertion is without merit.

3. In conclusion, the judgment of the first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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