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(영문) 창원지방법원 진주지원 2018.05.02 2015가합10564
손해배상(기)
Text

1. The Defendant: (a) KRW 12,276,582 to Plaintiff A, KRW 15,506,831 to Plaintiff B, and KRW 22,927,986 to Plaintiff C and each of the said money.

Reasons

1. Facts of recognition;

A. The plaintiffs are those persons who reside in the E village in the Gyeong-dong-gun, Gyeongnam-gun, and raise livestock, such as Korea, while possessing livestock pens and warehouses, and the defendant is the company that executed the construction under the supply of “F Corporation” (hereinafter referred to as “F Corporation”).

B. The Defendant’s construction progress, etc. 1) During the construction process of the instant case, the blasting work of a G tunnel in the vicinity of the said E village from April 6, 2014 to October 31, 2014 (hereinafter “instant blasting work”).

In the process, noise and vibration were generated. (2) The separation distance of the pit of G tunnels and the H stable on the ground of the Haak-dong, Hanam-gun, which was owned and managed by the Plaintiff B, was 187.8m, the separation distance of the I ground stable owned and managed by the Plaintiff B was 195.2m, the separation distance of the J ground stable owned and managed by the Plaintiff C was 28.5m, and the separation distance of the K ground stable owned and managed by the Plaintiff C was 101.5m.

C. 1) The impact of noise and vibration on the growth, etc. of livestock is that excessive noise and vibration changes in heart food and pulmonary water when exposed to heavy noise and vibration, and the amount of disturbance has decreased due to the reduction in the frequency of corrosion. In serious cases, the number of disturbance has been discarded, or early childbirth, oil/surry, murbling, and growth delay. Korea is mainly non-fat. In the case of non-fat, there may occur a fall in the birth rate by noise and vibration, the decrease in the weight, the decrease in the rate of weight, and the loss and stillbirth of pregnancy. 2) According to the “standards for calculating methods of assessing environmental damage and the amount of compensation” applied according to the results of research conducted by the Central Environmental Dispute Mediation Committee under the Ministry of Environment with respect to livestock damage caused by noise and vibration (hereinafter “environmental damage calculation criteria”), livestock waste, animal death, miscarriage, stillbirth, and pressure, and the decrease in the frequency of noise and vibration, i.e., the decrease in weight and noise (i., the decrease in weight).

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