1. The plaintiff's claims against the defendants are all dismissed.

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

1. Basic facts

A. The Defendant Jinhae Shipbuilding Co., Ltd. is a business operator of the development project B (hereinafter “instant development project”), and the Defendant YongS Co., Ltd and the Defendant Daedo Construction Co., Ltd are the starting contractor performing the construction project of the instant development project.

B. On March 8, 2003, the Plaintiff opened and operated a restaurant (hereinafter “instant restaurant”) with the trade name “D,” located near the instant development project area in Seocho-gu, Changwon-si, Changwon-si, Seoul (hereinafter “D”).

On June 27, 2014, the suspension was made.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff asserts that, in the process of the instant development project, the Plaintiff could not operate the instant restaurant business due to dust, vibration, noise, and traffic congestion generated by transporting earth and rocks, etc., and thus, the Plaintiff and the Defendants, a contractor, jointly and severally, are liable to pay to the Plaintiff the lost income loss incurred by the instant restaurant business from 2014 to 2015, which occurred due to the suspension of the instant restaurant business.

B. In ordinary construction works, in light of the fact that dust, vibration, noise, traffic congestion, etc. is accompanied by a certain degree of dust, vibration, noise, and traffic congestion, the mere occurrence of dust, vibration, noise, and traffic congestion, etc. accompanied by any construction work cannot be readily concluded to go beyond the scope of legitimate exercise of right. Only where the occurrence of dust, vibration, noise, traffic congestion, etc. and the degree of damage caused thereby exceed the generally accepted limit under social norms, such act constitutes tort.

The degree of interference with life caused by dust, vibration, noise, traffic congestion, etc. generated in the construction work shall be generally identified by social norms.