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(영문) 서울중앙지방법원 2016.02.17 2015가합512970
손해배상(기)
Text

1. The Defendants jointly do so to the Plaintiff (Appointeds) KRW 16,791,521, KRW 5,277,493, and KRW 3,00 to the Appointeds B.

Reasons

1. Basic facts

A. Defendant Korea Highway was implemented by Defendant Samsung Heavy Industries Ltd., and the blasting work among the shocking construction works executed by Defendant Samsung Heavy Industries Co., Ltd., and two mountain Heavy Industries Co., Ltd. (hereinafter “instant blasting work”) took place from December 1, 2010 to January 1, 2012, and noise and vibration generated in the process.

B. The Plaintiff (Appointed) and the designated parties are those who resided in the vicinity (WMail, X village, etc.) at the time the blasting work in the instant case was in progress, or who own or raise livestock such as Korean cattle.

[W Village, the Plaintiff (Appointed Party H), the Selection Party B(S) household(S)(S)(S)(S)(S)(S)(S)(S)(S)(S)(S)(S)(S)(S)(S)(S)(S)(S)(S)(S)(S)(S)(S)(S)(S)(S)(S)(S)(S)(S)(S)(S)(S)(S)(S)(S)(S)(S)(S)(S), the Selection(S)(S)(S)(S)(S)(S)(S)(S)(S)(S)(S)(S)(S) is located around the blasting place(S)(S)(S)(S)(S)(S)(S) is located.

2) At the time, Plaintiff (Appointed Party), Appointed Party B, E, and L owned each house and each house, and Plaintiff (Appointed Party), Appointers G, I, K,O, R, and U respectively. The Plaintiff (Appointed Party) raised livestock, including the Plaintiff (Appointed Party), Appointers B, F, K,O, R, and U). The noise and vibration generated from the instant blasting work caused damage to the Plaintiff (Appointed Party) and the designated parties, and the Plaintiff (Appointed Party) and the designated parties suffered direct mental damage due to the noise and vibration.

2. The repair work cost for repairing the cracks of buildings generated by vibration, etc. generated from the instant blasting work is calculated as follows, and the building is old and vulnerable to vibration, etc. is also considered to have contributed considerably to the generation of cracks.

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