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(영문) 서울중앙지방법원 2016.09.28 2012가단322308
손해배상
Text

1. The plaintiff (Appointed)'s claims against the defendants are all dismissed.

2. The costs of lawsuit shall be incidental to participation.

Reasons

1. Basic facts

A. Defendant Korea Highway Corporation is the implementer of the construction works of 10 lines of national expressways (I) and the Intervenor joining the Defendant’s Intervenor, as the contractor of the said construction works, performed blasting work, etc. during the said construction between April 19, 208 and May 22, 2009.

(A) The Defendant’s Intervenor’s Intervenor’s Intervenor’s work (hereinafter “instant work”).

The instant blasting work site falls under the back of A Village, and the Plaintiff’s community hall and the designated parties’ house are located at a minimum of 325 meters from the instant blasting work site to a maximum of 793 meters from the instant blasting work site, and the Selection B’s stable is located at a distance of about 115 meters from the instant blasting work site, and the Selection B has been equipped with one livestock shed and raised about about 39 one by one.

C. On September 20, 2012, the Plaintiff and the designated parties filed an application for adjudication with the Central Environmental Dispute Mediation Committee against the Defendants and the Intervenor joining the Defendant by asserting that they suffered building damage, livestock damage, and mental distress due to the instant construction work. The Central Environmental Dispute Mediation Committee acknowledged that the Plaintiff and the designated parties suffered building damage and livestock injury due to the instant construction work executed by the Intervenor joining the Defendant, and the Intervenor decided to pay the Plaintiff and the designated parties a total of KRW 12,295,030, including application fees for adjudication.

[Ground of recognition] Facts without dispute, Gap 1 through 10 evidence, Eul 1 evidence, Eul 1 evidence, Eul 1 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff and the designated parties due to noise, vibration, dust, etc. generated in the construction process of the instant construction project executed by the Plaintiff’s Intervenor asserted that the Plaintiff suffered damages due to the building cracks or deepening the existing cracks, damages due to the fire and the growth delay of livestock, damages due to the natural water used for agricultural purposes, and damages due to mental harm, etc., and the specific details are as follows.

Defendant.

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