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(영문) 인천지방법원부천지원 2017.08.24 2015가단118160
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person operating an orchard (hereinafter “the instant orchard”) under 2,820m2 in Kimpo-si, Kimpo-si, Kimpo-si. The Defendant is a corporation operating a steel board factory on the ground of D in the area near the instant orchard.

B. In around 2009, the Plaintiff planted the instant fruit trees to the instant orchard, and as an exhaust gas emitted from the Defendant’s factory, the Plaintiff was dead, and the Defendant paid KRW 20,000,000 to the Plaintiff on December 2, 201.

C. Around March 2012, the Plaintiff planted the instant fruit trees again in the instant orchard, but the said fruit trees did not grow properly, and the Plaintiff filed a civil petition with Kimpo-si, and the result of an inspection conducted by the Gyeonggi-do Health and Environment Research Institute on the Defendant’s working factory was detected.

On November 22, 2013, an agreement was reached between the Plaintiff and the Defendant with the following content:

(hereinafter referred to as “instant agreement”. The location of the agreement: Kimpo-si E amount: 17,00,000 won, confirm that the above amount should be paid in terms of a three-year compensation for damages, such as overwon and standing trees, within the above three-year compensation period, and it will not file a subsequent civil petition. If a tree died, the same received tree will be planted.

Natural disasters (excluding natural disasters) 2014

E. The Defendant paid KRW 17,00,000 to the Plaintiff on November 25, 2013 according to the instant agreement.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8 (including each number, hereinafter the same shall apply), Eul evidence No. 1, Eul evidence No. 2, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff's assertion that the plaintiff suffered damage from harmful exhaust gas, such as hemar compounds discharged from the factory operated by the defendant, which caused the plaintiff's planting trees not to grow up properly. Thus, the defendant did not neglect the damage 7,364,238 won and negligence due to the decline in the value of the fruit trees in the instant orchard.

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