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(영문) 대전지방법원천안지원 2016.01.22 2015가합101460
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant Louri-gu Co., Ltd. is a business entity that implements F new construction works in Seoan-gu E (hereinafter “instant construction works”) in Seoan-gu, Seoan-si, Seoan-si, and the Defendant Daewoo Construction Co., Ltd. is a business entity that executes the instant construction

B. Plaintiff A’s restaurant, Plaintiff B’s “H kindergarten,” Plaintiff C’s “I Stock Company,” and Plaintiff D’s “J” is operated in the vicinity of the construction site of this case.

C. The plaintiffs enter and depart from the above place of business using the existing entrance road (breadth 3 meters) at K. Since the defendant started the construction of the instant construction and opened the new road (breadth 6 meters), the above new road is used as the main passage, and they enter the said place of business.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 6, Eul evidence Nos. 1, 5 and 6 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. The Defendants asserted that the Plaintiffs caused vibration, noise, and dust to the extent that they exceeded the tolerance limit while executing or executing the instant construction from around September 2014, and that the Plaintiffs and the said newly-built preferred roads, which are the only passage roads entering the residential area and the workplace, used the entrance of the construction site of this case as the entrance of the construction site of this case, causing many inconvenience to the Plaintiffs, such as frequent traffic accidents between the construction project and the general vehicles. This constitutes tort against the Plaintiffs.

Therefore, the Defendants jointly compensate for the damages suffered by the Plaintiffs, and specifically compensate the Plaintiff A for the amount of KRW 141,00,000,000 for sales reduction or the expected sales amount from September 2014 to August 2016, and the amount of KRW 58,00,000 for sales reduction or the expected sales amount from January 2, 2015 to December 2017, and the amount of KRW 58,00,000 for consolation money for each of the Plaintiffs.

B. Whether the liability for damages occurred or not, Gap evidence Nos. 4, 5, 7 through 14, Eul evidence Nos. 2 and 4, and the time of this Court's draft.

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