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1. The Defendants are 128,815,178 won to each Plaintiff and 5% per annum from October 5, 2012 to May 15, 2014.
Reasons
1. Occurrence of liability for damages;
A. 1) The Plaintiff’s farm, around 1996, raising Chinese rain from the real estate indicated in the separate real estate list (hereinafter “instant farm”).
) The railroad has been operated. As the route of Busan New Port Freight Railroad was opened, railroads passed from the farm of this case to the southwest of 62.5m (hereinafter “the railroad of this case”).
A) From November 2010 to December 13, 2010, a train was running on the instant railroad and passed 24 times a day from December 13, 2010. (2) The noise and vibration due to the passage of a train occurred while operating the train on the instant railroad. (3) The instant farm was delivered to the farm.
On November 3, 2010, when the train was under trial operation, the noise from the passage of the train was measured at the farm of this case, and the maximum noise level of 78dB(A) and 5 minutes was 67dB(A). The noise level exceeded 60dB(A) as the criteria for recognition of livestock damage caused by noise as seen below.
After that, in October 201, the result of the measurement of noise and vibration from the train traffic conducted on the farm of this case is as shown in the annexed sheet. According to this, the maximum noise level exceeds 60dB (A) 61 times from 63.8 to 81.8dB (A) and the five minutes of household noise level exceeds 51.0 to 67.7dB (A).
In addition, the maximum vibration exceeded 57dB (V) 14 times, which is the criteria for recognition of livestock damage by vibration, as seen below 39.5-67.2dB (V), and the 5-minute vibration fell short of 57dB (V) on 29.0-43.7dB (V).
3) The criteria for calculating the environmental damage assessment and the amount of compensation applied by the Central Environmental Dispute Resolution Committee under the Ministry of Environment as to livestock damage caused by noise and vibration (hereinafter referred to as “standards for calculating environmental damage”).
According to this, there are immediate damages, such as the death, miscarriage, stillbirth, pressure, injury, etc. of livestock.