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(영문) 대구지방법원 2018.10.11 2016가단123218

손해배상(기)

Text

1. The Defendant’s KRW 54,863,262 as well as the Plaintiff’s annual rate from September 29, 2016 to October 11, 2018, and the following.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who operates construction machinery leasing business with the trade name of “C” while owning construction machinery, such as a concrete pumps with approximately 60 meters of length boom (the date of manufacture, registration number B, hereinafter “instant pumps”).

B. From the beginning of the year of 2016, the Defendant performed new construction works, such as E Newdong and Convention Center, parking lot buildings, etc. (hereinafter “instant construction”). On August 2016, the Defendant requested the Plaintiff to rent and operate the instant construction machinery, including pumps, for the purpose of building the floor of the parking lot, for the purpose of building the basic concrete building building building building.

C. Upon the above request, the Plaintiff leased construction machinery, including the pumps of this case from around August 4, 2016 to the construction site of this case, and on August 25, 2016, around 04:30, the Plaintiff leased the pumps of this case to the construction site of this case with F, an employee, as the pilot.

F around 05:00 on August 25, 2016, at the work location designated by G, the head of civil engineering work at the Defendant Company, the head of the Defendant Company, set up the pumps of this case, be stopped and bending trees and bending vehicles, and marked to the left side to confirm whether the concrete is in contact with the end of the five installed boom booming part.

However, as the left part of the ground where a boom boom on the left part has been installed without putting the weight of the pumps and the 5th part of the boom, the pumps of this case were set up in the future, and as a result, there was an accident that is damaged, such as a boom booming down on the main body, which is the frame of the body, and the boom boom boom installed in the following frame (hereinafter “instant accident”).

On August 25, 2016, the Plaintiff stated that “the operator of the instant pumps will engage in work in accordance with the lessee’s instructions,” in the part of the special terms and conditions of the letter of confirmation of lease (Evidence A 4) issued and delivered by the person responsible for the site of the Defendant Company while leasing the pumps of this case at the construction site of this case, and the lessee is at the time of concrete building.