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(영문) 서울고등법원 2016.11.24 2015나32204
채무부존재확인
Text

1. Of the judgment of the first instance court, the part against the Defendant (Counterclaim Plaintiff) is modified as follows.

Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) The Plaintiff was established on December 28, 1961 for cement manufacturing and sales business, etc., and then on June 1964, cement plant (hereinafter “Plaintiff factory”) is established on the E-ground of the Chungcheongbuk-gun, Chungcheong-gun, 1964.

(2) The Defendant is a resident who has been residing in the Fungyang-gun of the Plaintiff’s plant from November 1, 1968 to the present date in the Fungyang-gun of the Plaintiff plant.

B. Around 1964, the Plaintiff’s factory started to operate air pollution prevention facilities, etc. (1) from September 2, 2008, the Plaintiff’s factory extended the storage facilities, crushing facilities screening facilities, emission and prevention facilities from around September 2, 2008. From September 22, 2003, the smokestack tele-moning system that automatically measured the concentration of gas emissions in the elele-Moning and cooling facilities (hereinafter “Tms”).

2) At present, the Plaintiff is operating a spuger and a spug in the vicinity of the mine in order to suppress the generation of fugitive dust on the factory and its surrounding roads, and is operating two spugs and a spugs and three spugs at all times in order to prevent the generation of spug dusts.

(c) Cement manufacturing process and cement production process 1) The Plaintiff first mines tin in a mine to manufacture cement, pulvere it and transport the pulvered tin through a consortium which is installed to cover the Plaintiff’s factory.

(1) The following process 1. If the pulverized stone reaches the Plaintiff’s factory, it shall be kept in the bring bring clever by combining secondary materials, such as 5% of the point, 2% of the iron tin, and 2% of the cryr in the above cryr, and crushinging it into a raw material pulverper with a size of less than 100 less than that of the cryr, and crushing it into a bring cryer.

(2) Courses of the same forest (i.e., process). (ii) Union members fees which have been pulvered as a result of a crime.

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