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1. The plaintiffs' appeals against the defendants are all dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
Reasons
1. The plaintiffs asserted that they were married couple living in Gangseo-gu Seoul Metropolitan Government E apartment (hereinafter "the apartment of this case") No. 105 and 905. The plaintiff A operated audio parts and circuit design work in the residence as the second class disability in the second class, and the plaintiff B as the author in the house as the plaintiff B.
However, on January 15, 2013, the Defendants were directors of 105 Dong 1005, the immediate upper floor above the Plaintiffs’ residence, and continuously caused noise until April 28, 2014. The criteria for the limit of noise between floors are below 43dB per minute average, below 33dB at night, below 38dB at night, below 57dB at night, and below 52dB at night, and the Defendants exceeded the above criteria by generating noise between floors at night more than 70dB at night, and more than 80dB at night.
As a result, the plaintiffs suffered serious depression in their occupation, such as delayed work or writing, due to extreme stress, etc., and the plaintiffs A suffered from fire extinguishers, spine, circular disease, plaintiff B suffered from obstein and disease, etc. Therefore, the defendants are obliged to pay each of the plaintiffs 10 million won and delay damages.
2. Determination
A. According to Article 21-2(3) of the Noise and Vibration Control Act and Article 44-2(5) of the Housing Act, and the Rules on the Scope and Criteria of Noise and Vibration Control Act and enforced from June 3, 2014 (attached Form hereinafter the same), the maximum noise level of direct shock noise among noise noise to be applied to the apartment of this case shall be 48dB (A), 43dB (A), the maximum noise level at night is 62dB (A), and 57dB (A) at night (A) at night (as the apartment of this case was constructed around 198 according to the statement in the certificate of 1, it shall be applied to the apartment of this case, adding the value of 5dB (A) at night) at night, and the maximum noise level shall be deemed to exceed that standard if it exceeds at least three times per hour.
(b) A.