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(영문) 울산지방법원 2018.09.19 2017가합24195

구상금

Text

1. The Plaintiff, Defendant B, and Defendant C, as to KRW 167,951,654, and KRW 33,590,330, and each of the said money. < Amended by Presidential Decree No. 27517, Nov. 1, 2016>

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in the business of manufacturing storage containers and industrial boiler, and Defendant B (hereinafter “Defendant Company”) is a company engaged in the business of inspecting, designing, and conducting safety inspection of harmful and dangerous machinery and appliances, such as caters, etc., and Defendant C is a person engaged in the business of manufacturing with the trade name D.

B. From Jun. 2015 to Oct. 2015, the Plaintiff left the Defendant Company with repair of 7 scrapers installed in the Plaintiff’s factory. On July 8, 2015, the Plaintiff had the Defendant Company conduct the safety inspection on behalf of the Defendant Company on his/her behalf.

C. On August 28, 2015, the Plaintiff requested repair to the Defendant Company because one of the cranes used in the Plaintiff’s factory (hereinafter “instant cranes”) did not work.

Accordingly, on August 28, 2015, the Defendant Company should accept the electronic contact and main contact of the instant cranes, and issued a written estimate that the repair requires KRW 995,500 to the extent that it is necessary. By September 4, 2015, the Defendant Company completed repair of the instant scraps.

Since then, the Plaintiff paid the above repair cost to the Defendant Company.

On the other hand, on March 27, 2015, the Plaintiff entered into a contract for the manufacture of an industrial boiler with Defendant C, and provided Defendant C with the place of work, equipment, materials, etc., and the instant cler was also used in Defendant C’s operated.

E. On September 10, 2015, the Head of the Working Group D attached to D carried the instant straw block by putting it on his right. The string F, a staff member of D (hereinafter “the network”) of D, string the following of the instant strings: (a) the string of the instant strings installed in the instant strings, which passed after the instant strings, are cut off by taking out the external power of the strings, in particular, seal-sharing.

것. (破斷)으로 인하여 약 17m 높이에서 떨어졌고, 망인이 위 훅 블록을 머리에 맞고 사망하였다

hereinafter referred to as "the case."