All appeals by the Plaintiff (Counterclaim Defendant) are dismissed.

The Defendant-Counterclaim Plaintiff’s appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Judgment on the ground of appeal by the Plaintiff (Counterclaim Defendant)

A. According to the reasoning and record of the first instance judgment cited by the lower court, the following facts are revealed.

(1) The Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) operates “G” in F (hereinafter “instant horse park”).

In the vicinity of the horse park of this case, there are flowers complexes that cultivate flowers and powdering plants.

The Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) B, C, D, and E’s flower farmers are located far from the North side of the horse park of this case to the North side of the horse of this case.

The subcommittee farmer operated by Defendant A is located far from the North side of the horse park of this case to the degree of 50 meters.

(2) On December 2015, the Defendants filed an application against the Plaintiff for adjudication on environmental disputes with the Central Environmental Dispute Resolution Committee (hereinafter “Central Environmental Resolution Committee”).

The reason is that the plaintiff's groundwater was contaminated by ppuri salt to prevent ice in the horse park of this case for each winter, and that the plaintiff died of pots, flowerss, etc. using contaminated groundwater.

The Plaintiff did not comply with the case of application for the adjudication of environmental dispute and filed a lawsuit for confirmation of existence of the obligation of this case, and the Defendants filed the instant counterclaim seeking damages.

B. Whether liability for damages is established (Ground of appeal No. 1) (1) Article 44(1) of the Framework Act on Environmental Policy provides that “In cases where any environmental pollution or environmental damage causes damage, a person who causes such environmental pollution or environmental damage shall compensate for such damage” as the title “liability without fault for environmental damage.”

This is a special provision on the provisions of tort in the Civil Code (see, e.g., Supreme Court Decision 2006Da50338, Sept. 11, 2008), environmental pollution, or environmental pollution.