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(영문) 서울중앙지방법원 2016.04.28 2015가합546102
구상금
Text

1. The Defendants stated the “personal amount” as stated in the attached Table in the Plaintiff’s “amount of money” and the “litigation costs” as stated in the same Table.

Reasons

1. Basic facts

A. On August 22, 2003, the Plaintiff (Seoul Regional Land Management Office) constituted a joint supply and demand organization (the ratio of investment by the Defendants is Defendant Sung Branch Construction Co., Ltd. (hereinafter “Defendant Sung Branch Construction”).

(A) 50 per cent, 33 per cent, and 10 per cent, Defendant Daek Construction Co., Ltd. (hereinafter referred to as “Defendant Daek Construction”).

) 10 per cent of this Act and Defendant Daedo Development Co., Ltd. (hereinafter referred to as “Defendant Mando Development”).

)This 7%, the joint supply and demand contractor’s representative has contracted the four-way road expansion works with a width of about 10.2 km from south to C (hereinafter “instant road expansion works”).

B. D is a person who has engaged in fish farming on the ground of 6,321 square meters in total of five parcels, including 1,000 square meters in Jeonsung-gun E Miscellaneous land, which is located at a distance of 32 meters from the road expansion site of this case, and in particular, a pregnant woman was located at a distance of 20 meters from the site of the road expansion work of this case.

C. From August 2007, the Defendants performed the road expansion work of this case. After that, due to the construction noise occurred at the site of the road expansion work of this case, there were damages caused by D to pulmonary death, stillbirth, or miscarriage, and rupture D had to close down the said rupture around May 6, 2009.

On November 23, 2011, the Plaintiff paid D totaling KRW 670,285,00,00,000 for losses incurred from livestock farming business, as compensation for losses under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor.

E. Meanwhile, D filed a claim against the Plaintiff for compensation for damages under the Framework Act on Environmental Policy, alleging that the noise generated at the site of the road expansion works in this case was damaged by the operation of the fish farm. The appellate court of the said lawsuit (Seoul High Court 201Na5867) suffered damages due to the noise generated at the site of the road expansion works in this case on November 14, 2012.

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