logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.02.16 2016나2021122
손해배상(기)
Text

1. The appeal by the plaintiff A and K, the appeal by the plaintiff (appointed party) B and the appeal by the court of the trial, and the appeal by the defendants.

Reasons

1. Basic facts

A. Of the Defendants’ road construction works, Defendant Samsung Heavy Industries Ltd. (hereinafter “Defendant Samsung Heavy Industries”) and Defendant Samsung Heavy Heavy Industries Co., Ltd. (hereinafter “Defendant Samsung Heavy Industries”) performed blasting work (hereinafter “instant blasting work”) from among the construction works for construction of the highway V section (hereinafter “instant construction work”), the blasting work (hereinafter “instant blasting work”) took place from December 1, 2010 to January 1, 2012, and noise and vibration generated in the process.

B. 1) At the time the blasting work of this case was in progress, the plaintiffs, the designated parties C, and the network D had resided in the neighboring (W village and X) or owned a building or raised livestock, such as Korean house. 2) Specifically, at the time the blasting work of this case was in progress, the plaintiff A household (H: Dong: Ha), the plaintiff B household (the designated parties C, the network D), and X resided in the W village, respectively, and the plaintiff K household (J) was in the vicinity of the blasting work of this case. The plaintiff A, the plaintiff Eul, the plaintiff Eul, and the plaintiff K were in each house in the vicinity of the blasting work of this case, and the plaintiffs raised livestock, such as Chinese house, etc.

From the instant blasting work place, Plaintiff A’s first stable was 181m, 602m, Plaintiff B’s stable was 192m, and Plaintiff K’s stable was 272m.

C. Damages suffered by the plaintiffs due to the blasting of this case

1. The noise and vibration generated from the blasting of this case caused damage to the buildings and livestock owned by the plaintiffs, and the plaintiffs suffered direct mental suffering from the noise and vibration.

2. The repair cost of the building for repairing the cracks of the building caused by the vibration, etc. generated by the blasting of this case shall be calculated as follows:

arrow