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(영문) 수원지방법원안양지원 2019.05.30 2017가합104366
손해배상(건)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B Housing Reconstruction and Rearrangement Project Association (hereinafter “Defendant Association”) is an association that implements a housing reconstruction and rearrangement project (hereinafter “instant rearrangement project”) in the Flock-gu, Ansan-si.

Defendant C (hereinafter “Defendant C”) and Defendant D Co., Ltd. (hereinafter “Defendant D”) are the starting work for which the construction contract was entered into between Defendant C and Defendant D on September 30, 2015.

B. The Plaintiff is a person who has completed business registration under the name of the organization called the “I Center” in the G, the 2nd floor and the 3rd floor H (hereinafter “Center”) and provides welfare services for persons with disabilities.

The name of construction: The scale of construction from July 31, 2016 to March 31, 2019 (32 months from the date of commencement of construction) from July 31, 2016 to March 31, 2019: 3rd underground floors, 11-33 apartment units of 1174 Dong-dong 1174 households (a building area of 8,99 square meters, total floor area of 183,538.21 square meters);

C. The outline of the instant rearrangement project is as follows.

Defendant C and Defendant D commenced the removal work from March 14, 2016, and the main equipment used and the construction period by type of work are as follows:

The main equipment removal works for the fair construction period from March 14, 2016 to August 24, 2016, namely, tampers, blasers, pressure crushers, and dump truck removal works (shapeds) from October 26, 2016 to November 23, 2016, and dump truck from September 26, 2016 to December 28, 2016.

E. On December 27, 2016, the Plaintiff filed an application with the Central Environmental Dispute Mediation Committee for an adjudication seeking compensation for business losses and mental damages arising from noise and dust generated at the construction site of an apartment.

On August 10, 2017, the Central Environmental Dispute Mediation Committee dismissed all of the plaintiff's claims for damages, and ordered 52 disabled persons who attend the Center to pay 104,000 won each of them as mental damages caused by noise.

F. Meanwhile, Defendant D is in the construction industry sector on May 2, 2018.

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