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(영문) 수원지방법원여주지원 2016.09.20 2015가단23644
손해배상(공)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs asserted that they were directors near the defendant's domicile in around 2011, and the defendant continued to operate machinery in the factory and thereby continuously generated noise exceeding the tolerance limit.

Plaintiff

A’s spouse and the mother of Nonparty D, the Plaintiff’s mother, had been suffering from depression, such as fluence and crypt, due to noise, and received treatment around June 2013, and eventually committed suicide around January 13, 2015, and the Plaintiffs suffered from direct mental pain.

Therefore, the defendant is obligated to compensate the plaintiffs and non-party D for damages arising from mental suffering caused by the above tort. Thus, the defendant must pay consolation money of 7 million won and damages for delay to the plaintiffs.

2. As alleged in the plaintiffs, it is difficult to believe that the plaintiffs and non-party D suffered noise exceeding the tolerance level to cause physical and mental pain since around 2011, and the statements of Gap and the witness Eul's testimony are hard to believe, and there is no other evidence to acknowledge it.

Therefore, the plaintiffs' above assertion is without merit.

Thus, the plaintiffs' claim of this case is dismissed as it is without merit.

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