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1. The Defendant’s KRW 500,000 per annum for each of the Plaintiffs and 5% per annum from September 22, 2016 to September 27, 2017.
Reasons
1. Basic facts
A. The Plaintiffs are the owners residing in Seoyang-gu Xtel (hereinafter “instant building”). (However, Defendant D sold Nos. 802 of the instant building to Y and Z on October 12, 2016, and did not currently own the building). The Defendant is a company that supplied and supplied a new construction of “AB” on the AA’s ground of Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, the Foundation for the Maintenance of the Government Down-gu (hereinafter “instant construction”). From March 26, 2015 to April 28, 2017, the Defendant is a company that supplied a new construction of “AB” on the instant building from March 26, 2015 to around April 28, 2017.
B. The residents of the building of this case filed a civil petition with the Gyeyang-gu Office several times during the construction period, when the noise from the construction of this case (hereinafter “the noise of this case”) occurred, on the ground that the degree of noise generated from the construction of this case was measured 75 times through 75 times and that the noise level exceeding the noise level set forth in the noise-related statutes, such as the Noise and Vibration Control Act, was measured, the residents of the building of this case imposed an administrative fine on the Defendant over 15 times.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 12 and 13 (including branch numbers), the purport of the whole pleadings
2. The parties' assertion
A. Since the plaintiffs' assertion suffered mental suffering due to noise generated from the construction of this case, the defendant is obligated to pay 5 million won to the plaintiffs as compensation for such mental suffering.
B. The Defendant’s assertion that noise due to the construction of the instant case exceeded the Plaintiffs’ tolerance limit, and the Defendant took measures to prevent noise from taking many costs, and therefore, each of the instant claims by the Plaintiffs is without merit.
3. Determination
A. (1) Determination criteria of liability for damages) Infringement of living benefits and ordinarily construction works, there are certain noise, vibration and dust to a certain extent.