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(영문) 서울고등법원 2015.05.28 2014나9214
손해배상
Text

1. Of the judgment of the court of first instance, the part against the defendant against the plaintiff K and AL among the judgment of the court of first instance shall be revoked, and the plaintiff K and .

Reasons

(b) The emission volume of dust and the following [Attachment 2] 5 to 207, 2008, and 2009, the nitrogen oxides and dust emission volume of the defendant factory in 2009, are stated as above. In the case of Gap's 46 to 48 (each fiscal decision), the other figures are the same as the nitrogen oxide and dust emission volume of the same defendant factory from 2009 to 201, while the other figures are the same as the other figures with regard to the nitrogen oxides and dust emission volume of the same defendant factory:

as the same shall apply.

E) Also, the dust emission density from 2004.0 to 2012.05 of the Defendant’s factory stacks is as follows. The Defendant did not take an administrative disposition on the ground that it was in violation of No. 1, 205,000 from 2,000 to 3,000,000 square meters of 4 lakes and marshes facilities in small 1,000 square meters of 2,963.85,000 square meters of 2,000 to 3,000,000,000 from 2,000:6.5,00 on the 2,000,000 square meters of 2,000 to 3,000:6.1,000 on the 2,06.6,000 square meters of 2,00 to 3,000,000; and

However, according to the evidence Nos. 50 and 51, it is only recognized that the facts of the direction and supervision on the replacement and maintenance of accident facilities of the defendant factory in the Chungcheongbuk-do, and continuous cleaning measures, etc., and that there was a dust scattering accident around March 2013, it is only recognized that the "measures to improve the facilities of the defendant factory to the 1st century" was taken from the Incheon City.

1) The arrival of the Defendant’s factory is located, centering on the Defendant’s factory, on the south, west, and north-west, which are located respectively in the south-west and north-east, and the wind fluor around the Defendant’s factory, as shown below, the average wind fluor is 3.7ms/s and 1.62ms/sss of the north-east, which are the average wind fluor of the south-west and north-west, with the south-west and north-west, as shown below. [Attachment 4]

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