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(영문) 창원지방법원 2011.10.26 2009가합10195
손해배상(기)
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 343,041,738 and its amount from August 10, 201 to October 26, 2011.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that is engaged in the business of assembling and manufacturing parts of electronic equipment at the factory located in Kimhae-si (hereinafter “Plaintiff factory”), and the Defendant B Co., Ltd. (hereinafter “Defendant B”) was engaged in the business of manufacturing parts of shipbuilding equipment at the factory located in the Plaintiff Kimhae-si (hereinafter “Defendant factory”) in the vicinity of the Plaintiff’s factory from February 2003 to 2005, and the Defendant C Co., Ltd (hereinafter “Defendant C”) purchased the above factory building and its site from the Defendant B and operates the business of manufacturing shipbuilding equipment parts from May 2007.

B. Defendant B performed all the operations from the main water damage in the Defendant factory, such as sculpture, mast, spath, spathing, and spawn. However, Defendant C does not work at the Defendant factory, but is entrusted to F and G, an inside company, and Defendant C deals only with inspection process, shipment, and supply.

(c) Some dusts, such as metal scrap, shall occur in the process of melting and melting and melting alcoholic beverages.

On the other hand, in the south direction of the defendant factory, the boundary between the plaintiff factory and the defendant factory are in contact with the other side direction of the building is high compared to the plaintiff factory, so the upper part of the building and the roof part are observed with the window in the south direction. There is no other factory that is likely to cause a dust except the defendant factory around the plaintiff factory.

Plaintiff

The roof and roof ground area and outer wall of the factory, and the home-line and window trusses of water tanks are stored with dust, such as metal scrap, and partial corrosioned and soliding.

In around 2004, Defendant B recognized that the roof of the Plaintiff’s factory has changed due to the dust generated from the Defendant’s factory and maintained the roof painting.

E. Comparing samples taken from the floor inside the workplace of Defendant C with samples taken from the roof of the Plaintiff’s plant and samples taken from the home line with rainwater, the main ingredients are steel, and the remaining chemical development institutes are 14.

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