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(영문) 대전고등법원(청주) 2016.12.27 2016나10798
용역비
Text

1. The part against the defendant in the judgment of the court of first instance, which exceeds the money ordered to be paid below.

Reasons

1. Basic facts

A. In the Cheongju-si, the 1,286 residents of CB apartment in the petition-gu (hereinafter “the apartment of this case”) filed a lawsuit against the Republic of Korea against the Defendant by designating the Defendant as the appointed party. The ground for the claim of the lawsuit was that “The noise exceeding the tolerance level under the generally accepted social norms has occurred in the Cheongju-si port near the apartment of this case,” and that “the Defendant is liable to compensate the Plaintiff for damages caused by the defect in the construction or management of the above public structure.”

(hereinafter referred to as "relevant civil procedure"). (b)

Around October 2004, the first instance trial of the related civil procedure, the defendant entered into a service contract with the plaintiffs on behalf of the occupants of the apartment of this case for the purpose of securing evidentiary materials to be submitted for related civil litigation (hereinafter "the service contract of this case"). The main contents are as follows.

In the contract of diagnosis services, such as apartment noise, the occupant of the apartment of this case (referring to the person who is entered in the separate list of the designated parties and the designated parties and the representatives of the representatives of the representatives of the representatives of the representatives of the representatives of the representatives of the representatives of the representatives of the representatives of the representatives of the representatives of the representatives of the representatives of the representatives of the representatives of the representatives of the representatives of the representatives of the representatives of the representatives of the representatives of the representatives of the representatives of the representatives of the representatives of the representatives of the occupants; hereinafter referred to as the "A") shall settle the

Article 1 (Purpose) The purpose of this Agreement is to calculate the amount of money in relation to the situation in which Gap suffered from the above noise and the damages incurred therefrom by conducting an investigation into the noise (airport noise) of the apartment of this case and to carry out it smoothly at the time of litigation.

Article 4 (Scope of Services) (1) Residents in a separate lot shall be able to perform the other litigation within the scope of damage caused by noise, etc.

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