The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. The Plaintiff is a person who owns a house in Gangwon-do, and resides in the place. The Defendant is a public corporation established for the construction, management, etc. of railroad facilities, and the Defendant is deemed to have agreed upon “D” (hereinafter “instant construction”) in the vicinity of the Plaintiff’s residence from February 2, 2014 to the end of February 2016 to the Defendant’s Intervenor B Co., Ltd., the Intervenor joining the Defendant, without dispute between the parties, or to the effect prior to the pleadings.

2. The Defendant asserted that the Plaintiff used the Plaintiff’s residential road adjacent to the instant construction site as a passage to enter the instant construction site, and frequently passed the construction vehicle, heavy equipment, etc.

This has caused noise and vibration exceeding the limit of tolerance, and there has been ruptures on the plaintiff's housing.

This is a tort against the plaintiff in Article 750 of the Civil Code, and the plaintiff seeks compensation for mental damage, such as the purport of the claim, as compensation for mental damage.

3. The defendant's assertion is a contractor under the Civil Act who awarded a contract to the defendant joining the defendant for the instant construction work.

The Defendant did not commit gross negligence with respect to the contract or instruction of the instant construction work, and did not specifically direct and supervise the contractor with respect to the construction work, and thus, the Defendant, the contractor, was not liable for compensating the Plaintiff for the damages incurred to the Plaintiff regarding the instant construction work

In addition, even if the Defendant’s Intervenor’s Intervenor is proceeding with the instant construction and passed around a road near the Plaintiff’s residence, it cannot be deemed that the Plaintiff’s damage was caused by noise, vibration, etc.

4. Determination

A. Article 757 of the Civil Act provides, “The contractor shall not be liable for the damages incurred by a third party in connection with the work. However, this shall not apply where the contractor has gross negligence on the contract or instruction.” Thus, the contractor has no gross negligence on the contract or instruction.”