Interference with Business | Recognition of Liability for Damages Arising from Acts of Residents Opposing the Installation of a Solar Power Plant

The plaintiffs who filed the claim for damages based on interference with business were a company that sought to install a mushroom cultivation facility and a solar power plant, and that company's representative director.

They had entered into a parcel sale contract for the construction of a solar power plant on a tract of land in Chungnam.

The residents of the area began assembling under the slogan "Absolutely Oppose Solar Power."

The residents obstructed the construction in various ways, such as using vehicles and farm machinery to block the construction access road, sounding horns, and shouting profanities. When a construction crane attempted to lower equipment, some of them went underneath it.

As a result, the construction had no choice but to be suspended, and the company filed a claim for damages against the residents, asserting 🔗interference with business.

The company claimed approximately 470 million won from the residents for construction costs, material costs, and unrealized profits, and the company's representative claimed 30 million won in consolation money, stating that he had suffered mental anguish from having to abandon the construction due to the residents' obstruction.

The District Court that heard the interference with business issue rendered a judgment partially in favor of the plaintiffs who had claimed damages.

The mental anguish suffered by the company's representative as a result of the residents' obstruction of the construction was recognized by the court. Accordingly, it ordered the residents who led the assemblies to pay 5 million won, 3 million won, and 2 million won, respectively.

However, taking into account that the delay in the solar power plant construction was also attributable to the failure to install facilities to suppress scattering dust and the like as required under the Clean Air Conservation Act, the court found it difficult to conclude that the project had been entirely thwarted by the residents' obstruction, and it therefore dismissed the company's claim for damages.

We have analyzed the court's judgment, which partially recognized damages arising from the construction obstruction by residents opposing the establishment of a solar power plant in connection with interference with business.

A claim for damages is a lawsuit filed with a court to hold another party civilly liable for the loss one has suffered and to obtain compensation for that loss.

To file such a lawsuit, the defendant and the facts giving rise to the damages must be identified, and they must be proven through evidentiary materials. In addition, the amount of damages must be calculated precisely, and a causal relationship must exist.

In such cases, working with an 🔗attorney experienced in civil matters to prepare for the lawsuit is recommended.

The 🔗Civil and Damages Group of Daeryun Law Firm LLP draws on extensive experience in claims for damages to protect the rights and interests of its clients. If you need assistance, you are welcome to request a legal consultation at any time.