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(영문) 수원지방법원안산지원 2017.06.07 2015가단12796
손해배상(기)
Text

1. The Defendant’s KRW 76,225,160 as well as 5% per annum from September 14, 2016 to June 7, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. Party status 1) The Plaintiff was equipped with facilities, such as delivery money, etc., on the ground B on the B of the light scenic city, and was mutually called “C” (hereinafter “the instant two-way heads”).

(2) The Plaintiff’s husband and the Plaintiff’s husband and the Plaintiff’s husband and the Plaintiff’s husband were operating the instant two pigs since 1978. From around 2004, the Plaintiff and the Plaintiff were operating the instant two pigs. (2) The instant two pigs are raising 551 dus in total, including 60 mads, 250 mads, 250 mads, mads, 8 mads, mads, 80 mads, 150 mads, etc.

3) The Defendant around November 2004, as the access road to the F Village, adjacent to the instant two sides of the instant road, G (Wang-do, the second line; hereinafter referred to as the “instant road”).

B. The road of this case is an area where large-scale construction vehicles, such as dump trucks, are frequently passed due to road works in neighboring areas.

2) The heads of the instant two pigs are equipped with three facilities, and the shortest distance from the money company to the road of this case is 5-13 meters. 3) The result of the measurement on the level of noise on June 1, 2016 and June 13, 2016 inside and outside of each of the three premises of the instant two pigs (see the location map of noise measuring points) of the instant two pigs on several occasions is as follows.

Although the maximum value exceeds 60dB(A), the average value has changed depending on the frequency of vehicle traffic at the time of measurement.

Therefore, background noise is not affected and it is investigated that it is considerably affected by the speed of the vehicle and the size of the noise.

In the case of vibration, it was confirmed that the degree of vibration was insignificant.

The highest margin noise level of the measurement place [dB(A)] 75.2 to 81.0 52.7 to 61.1 A Dong (N4) inside 69.2-73.9-70.6 B Dong (N5) 13 meters inside 72.7 to 80.45-70.3 Cdong (N6) 13 meters inside 71.7

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