1. The plaintiff's claim is dismissed.

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

1. 기초사실 피고는 2017년 4월경부터 원고가 운영하는 점포와 인접한 건물에서 꿀빵의 제조 및 판매를 하고 있다.

[Reasons for Recognition] Unsatisfy, Results of on-site inspection by this Court, the purport of the whole pleadings

2. Determination

A. The summary of the aid claim is that gas, malodor, etc. generated by the Defendant in manufacturing the bank is flowing into the Plaintiff’s store.

Such gas, malodor, etc. causes damage to the plaintiff's body and store.

Therefore, under Article 31 of the Framework Act on Environmental Policy, the defendant is obligated to compensate for the plaintiff's business loss, expenses for restoring stores, medical expenses, and mental damage.

B. First of all, Article 31 of the Framework Act on Environmental Policy asserted by the Plaintiff refers to Article 31 of the former Framework Act on Environmental Policy (wholly amended by Act No. 10893, Jul. 21, 2011). However, in this case, the applicable Act is not applicable.

The plaintiff entered Article 217 of the Civil Act as the cause of claim in the complaint, and changed Article 31 of the Framework Act on Environmental Policy into the cause of claim through the application for change of cause of claim.

Article 217 of the Civil Act does not separately determine claims based on Article 217 of the Civil Act, taking into account the details of the application for change of the cause of the claim as above and the fact that Article 217 of the Civil Act is a clause prohibiting

However, Article 44 (1) of the Framework Act on Environmental Policy, which is applicable to this case, stipulates that "if any environmental pollution or environmental damage occurs, a person who causes such environmental pollution or environmental damage shall compensate for such damage."

However, in full view of the following facts and circumstances that can be acknowledged by comprehensively taking into account the aforementioned evidence and evidence Nos. 2 and 6 (including paper numbers), the evidence submitted by the Plaintiff alone caused environmental pollution or environmental damage due to the Defendant’s business activities.

or due to this, the Plaintiff.