손해배상(산)
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below is revoked.
1. The status and fall of the parties concerned;
A. Defendant G is an employee of Defendant F Co., Ltd. (hereinafter “Defendant Company”).
The Plaintiff operated the business of collecting recyclables in the name of “J” from Chuncheon City I.
B. On December 31, 2012, Defendant G was engaged in the process of collecting large boiler tanks on a container with K 2.5 tons a vehicle located in K2.5 tons at the place of business at the “J”, and Defendant G was engaged in the process of collecting the said large boiler tanks. Defendant G caused the Plaintiff’s chest on the container with the steel plate part of the boiler tank to fall into the bottom of the container, and caused the Plaintiff to suffer from the fluorial sule, etc. with an open part of the container.
(hereinafter “instant accident”). 【The ground for recognition” did not have any dispute, entry in Gap evidence 2, 3, and 30 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings.
2. Occurrence of liability for damages;
A. 1) The background leading up to the occurrence of an accident is that the Defendant Company operates the business of processing scrap metal, dismantling the rains, and dismantling the structures. From around 2008, Defendant G had been in charge of driving and coordinating the string vehicles while working in the Defendant Company, and collecting and transporting high water. 2) The boiler tank that the Defendant G attempted to collect at the time of the instant accident was on the container of 9 meters in width, 9 meters in length, 3 meters in height, 2.7 meters in height, and on the floor, the board was attached, and the 10 sandd position panel was on the string of this string.
Defendant G did not remove sand site panels in advance and carried out the collection work.
At that time, there were many loaded materials around the container, so it was impossible to set up even the vehicle.
Defendant G tried to gather boiler tanks in such a situation by booming boom booms of a boom vehicle to the maximum extent, but it was difficult to accurately fix the boom.
Considering the shape, weight, etc. of boiler tank, Defendant G first puts up brace to boiler.