1. The Defendants jointly share KRW 17,875,309 against the Plaintiff and Defendant B Co., Ltd. from August 11, 2018.

1. Basic facts

A. The Plaintiff is operating a stable that raises Chinese cattle from the Gyeonggi-do Yang-gun F (hereinafter “the livestock shed in this case”).

B. The Defendants are joint contractors performing H construction works in the Gyeonggi-do Yangyang-gun G Gwon (hereinafter “instant construction”) located approximately 250 meters away from the instant livestock shed.

C. The Defendants performed blasting operations from October 13, 2016 to November 18, 2017. The average monthly value of noise and vibration generated at the time is as shown in the attached Table.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, 8 evidence, Eul evidence 2, the purport of the whole pleadings

2. The main point of the Plaintiff’s assertion was that the Defendants generated noise, vibration, etc. exceeding the tolerance limit while carrying out the instant construction in the vicinity of the instant stable. Accordingly, the Plaintiff suffered damages, such as waste death, miscarriage, and delay of growth of the Korea-Japan raised at the instant stable.

Therefore, the Defendants are jointly and severally liable to compensate for property and mental damages suffered by the Plaintiff due to the instant construction work.

3. Determination

A. In light of the following facts and circumstances that can be acknowledged prior to the occurrence of liability for damages by adding the overall purport of the pleadings to the evidence and the statements in Gap evidence Nos. 9, 10, 13, and 14, the Defendants’ occurrence of noise and vibration during the construction of the instant construction constitutes an illegal act beyond the generally accepted limit. In full view of various circumstances revealed in the pleadings, such as noise and vibration generated in the instant construction work, the degree of noise and vibration, the separation distance between the instant construction work and the instant stable, and the contents of the instant construction work, it is reasonable to deem that there is a proximate causal relation between the damage between the instant construction work and the Korea Livestock shed raised in the instant stable, and thus the Defendants are liable to compensate the Plaintiff for damage therefrom.

1 With respect to the impact of noise on livestock, livestock noise is excessive.