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(영문) 부산지방법원 서부지원 2018.10.05 2017가단110135
채무부존재확인
Text

1. The plaintiff (Counterclaim defendant)'s action against the defendant E shall be dismissed;

2. Plaintiff (Counterclaim Defendant) and Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a contractor and a contractor of the construction of officetels and a multi-household on the ground of the Fow in Busan Island (hereinafter “instant construction”). Defendant A is a person who operates the instant carpet (hereinafter “the instant carpet”) with the trade name of “H” on part of the 1st floor of the 2nd floor of G ground located immediately adjacent to the site of the instant construction. Defendant A is a person who resides in the part of the said 2nd floor of the instant construction site, the business size of which is 20.9 square meters, the 20.9 square meters, and the 4th floor of the table (hereinafter “the instant carpet”), Defendant B’s wife, and Defendant E is a person who resides in the part of the 2nd floor of the building.

Construction name: The scale of construction works for Ftels and multi-households: The construction period of 1st basements and 11th floor above ground (2,375.03 square meters in total floor area, 30 households): October 2015 to July 2, 2016.

The instant construction project was carried out from October 2015 to December 2015, from December 2015, 2015, from December 2015 to March 2016, and from April 2016 to July 2016, in the order of end construction.

Upon the commencement of the Plaintiff’s excavation work, the Defendants demanded the Plaintiff to take measures on the ground that noise, vibration, and dust generated from construction sites, such as excavation equipment, sckes, and ready-mixeds, interfered with the instant carpet business and daily life, and filed a civil petition related to noise, vibration, and dust with the competent private office.

C. As a result of the examination of noise, vibration, and dust damage at the construction site of the instant construction site by the Hag-gu Office, any violation was not discovered with respect to vibration and dust, but it was assessed that noise exceeds the regulatory standard [65dB(A)], and the Plaintiff was subject to an administrative disposition twice as follows.

Details of the disposition on the date of the disposition of the violation on the date of the violation on November 6, 2015 (71dB) (A) above the living noise control standard (71dB (A)) on November 9, 2015, the daily noise control standard of KRW 600,000,000,000 (71dB (A)) on November 10, 2015 exceeding the living noise control standard of KRW 71dB (A) on November 11, 2015 (71dB)

D. (1) The above.

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