2014Na10790 Confirmation of the existence of an obligation

2014Na10806 (Counterclaim) damages

Korea Highway Corporation

Law Firm Lee & Lee LLC, Counsel for the defendant-appellant

Attorney Lee Jong-hoon, Attorney Lee Jong-hoon, and Kim Yong-han

A

Law Firm Gae, Counsel for the defendant-appellant

Attorney Lee Dong-hwan, Justice Lee Dong-hwan

Suwon District Court Decision 2012Ra428 Decided February 13, 2014

April 21, 2016

June 9, 2016

1. All appeals against the principal lawsuit and counterclaim of the Plaintiff (Counterclaim Defendant) are dismissed. 2. The costs of appeal are assessed against the Plaintiff (Counterclaim Defendant) in total.

1. Purport of claim

The main claim is to confirm that there is no obligation to pay damages for excess damages of orchard in E, D, E, F, G, H, H, I, J, K, L, M, N,O, P, and Q against the Defendant (Counterclaim Plaintiff; hereinafter referred to as the “Defendant”) due to noise, exhaustive, and spraying in the common highway B of the Plaintiff (Counterclaim Defendant; hereinafter referred to as the “Plaintiff”).

Counterclaim: The plaintiff shall pay to the defendant 22,608,000 won with 20% interest per annum from the day following the day of service of the written application for modification of the claim and the cause of the counterclaim as of January 17, 2014 to the day of complete payment.

2. Purport of appeal

The judgment of the court of first instance is revoked. It is confirmed that there is no obligation to pay damages for excess damages of orchard in E, D, E, F, G, H, I, J.K, L, M, N,O, P, and Q against the defendant due to the noise, exhaustive, and spraying chemicals generated in the part B of the plaintiff's Yeongdeungpo Highway B.

The defendant's counterclaim is dismissed.

The reasoning of this Court’s reasoning is as follows: (a) in addition to the rejection of the appraisal result of an appraiser T&T, which is insufficient to recognize that the Plaintiff, as additional evidence submitted at the trial, was scattered and thus did not reach the orchard of this case, the Plaintiff’s explanation is acceptable as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Therefore, the judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal against the principal lawsuit and counterclaim of this case is dismissed in its entirety as it is without merit. It is so decided as per Disposition.

The presiding judge and assistant judges;

Judge Lee Jae-hoon

Judges Kim Gin-han