1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. The plaintiff asserted that the plaintiff operated the Dong-Jaeng G with the trade name "D", and the defendant performed the river maintenance work in the vicinity of the plaintiff's aquaculture (10 to 30 meters reduction). The plaintiff's noise and vibration generated at the construction site incurred damages equivalent to KRW 15 million due to the death of all Dong-Jaeng, which was located in the plaintiff's aquaculture, and sought compensation therefor.

2. Determination

A. Defendant’s liability for damages - In the event of river maintenance work by using an ordinary flaps and dump trucks, it is evident that any vibration or noise occurs to a certain degree, but there is no objective evidence to acknowledge the occurrence of any vibration or noise at the place where such vibration or noise occurs or at a certain level at the place where such noise and vibration are located.

Although the Plaintiff asserts to the effect that the fact that the Dongi-Ja-Ja-Ja-Ja-Ja-Ja-Ja-Ja-Ja-Ja-Ja-Pa-Pa-Pa-Pa-Pa-Pa-Pa-Pa-Pa

B. Additional preliminary determination - Article 202-2 of the Civil Procedure Act provides that “Where it is deemed that damage has occurred, but it is extremely difficult to prove the specific amount of damage due to the nature of the case, the court may determine the reasonable amount as damages by taking into account the overall purport of the pleading and all circumstances recognized as the result of the examination of evidence.”

However, the Supreme Court has developed a similar legal doctrine before the above provision was newly established.

In other words, it is recognized that property damage has occurred in a claim for damages due to nonperformance, but it is a matter to prove the specific amount of damage.