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(영문) 수원지방법원 2017.02.08 2016나681

손해배상(자)

Text

1. Of the judgment of the court of first instance, KRW 14,489,952 against the Plaintiff and its related thereto, from July 21, 2014 to February 8, 2017.

Reasons

1. Basic facts

A. The defendant is a member of a joint supply and demand organization under the contract for construction works on the Highway which entered into with the Jeju Highway Highway Corporation.

B. E 25.5 tons of dump trucks owned by the Plaintiff from December 4, 2013 (hereinafter referred to as “Plaintiff-motor vehicle”) were transferred to K (Plaintiff’s denial) on January 8, 2014, and the ownership was again transferred to L (Plaintiff’s head) on January 9, 2015.

C. On July 21, 2014, at around 14:45, the Plaintiff, as a trial contractor, was carrying aggregate at a point of approximately 37 degrees of the sloped in the D site (hereinafter “instant road”) in the Plaintiff’s vehicle, while the Plaintiff entered the construction site at the entrance of the Plaintiff’s vehicle, and was going behind at the point where approximately 65 meters out of about 70 meters of the string to the point where the string end at the string end, was cut down at approximately 3-4 meters in depth to the right side and turned down to the right side (hereinafter “instant accident”). D.

On November 2, 2014, K transferred all claims for damages arising from the instant accident to the Plaintiff and notified the Defendant of the assignment of the said claim at that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 6, 7, 8, 20, 24, Eul evidence No. 1 and video (including each number), the purport of the whole pleadings

2. Occurrence of liability for damages;

A. The Plaintiff’s assertion 1) As the instant accident occurred on the wind that the Defendant, while occupying and using the instant road without permission, failed to temporarily remove gravel and sand on the instant road, and failed to install facilities to prevent the antidrums, etc., the Defendant is liable to compensate the Plaintiff for all damages incurred by the instant accident.