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(영문) 창원지방법원마산지원 2014.12.03 2013가단549
손해배상(기)
Text

1. The Defendants’ respective Plaintiff KRW 10,464,051 as well as 5% per annum from November 12, 2014 to December 3, 2014.

Reasons

1. Basic facts

A. The Plaintiff, in the name of “L” in the Haman-gun J and K in the Haman-gun, Hamnam-gun (hereinafter “L”), operated the two pigs (hereinafter “instant two pigs”).

B. The Defendants obtained permission to engage in development activities for opening access roads to detached houses on the land, other than 10 parcels in Haan-gun, Haan-gun, Haan-gun, Haan-gun, for the construction of access roads (hereinafter “instant roads”) that pass around the instant fish farms from October 2012 to December 2012 (hereinafter “the instant construction”).

[Ground for recognition] Unsatisfy

2. Determination as to the cause of action

A. The Plaintiff’s assertion that the instant construction was carried out by May 2013, 190 head of the swine 190 head of the instant two pigs, and the price of 1 head of the pigs was KRW 2.70,000. Therefore, the Defendants are liable to compensate for the Plaintiff’s damages (=190 head of x 270,000 won).

B. (1) The following circumstances are determined: (a) there is no dispute over the existence of liability for damages; (b) the noise of Gap 7, 8, 9, 11, 13, and 17 evidence and images; (c) the witness N's testimony; (d) the appraiser's testimony of this court; and (c) the result of inquiry as to the appraiser P during the instant construction; (d) the fact-finding process as to the appraiser P of this court; (e) the period of 75dB (A); (c) the period of 78-97dB (A); (d) the period of 75dB (A); and the period of 78-97dB (A) the retaining wall storage and the suspension process; and (d) the distance between the two odbs installed at the instant road and the instant two odbs is at least 1.4 meters; and (d) the Seoul National Institute of Environmental Noise and Vibration reported at the Seoul National Institute of Environmental Noise and Vibration at the end of 30.

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