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(영문) 창원지방법원진주지원 2016.06.30 2015가단31861

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On November 2014, 2014, the Defendant ordered C to designate a grave to be removed to C while entering into a contract for the installation and relocation of five family seedlings of the Defendant in the Gyeongnam-gun, Gyeongnam-gun (hereinafter “instant work”).

C On November 16, 2014, while performing the relocation work of a cemetery contracted by the Defendant from the Defendant, the C laid the Defendant’s remains to the work worker to rebury his remains. However, upon the attachment of the work worker’s body, the Plaintiff’s father’s remains were recovered, and the Plaintiff’s remains were buried above the Defendant’s remains.

On November 17, 2014, the Defendant knew that the Plaintiff’s father’s funeral was erroneously opened and known to C and the Plaintiff.

[Grounds for recognition] A. 2, 3, 4, 7, 8, 9, the Plaintiff’s assertion of the purport of the entire pleadings, and the Plaintiff’s assertion of the purport of the entire pleadings and the Plaintiff’s assertion of the Plaintiff’s father, thereby causing the following damages. As such, the Defendant is liable to pay the following damages and damages for delay.

o Of these KRW 3,098,000, the contractor shall not be liable for damages inflicted upon a third party on the work, unless there is gross negligence on the contract or instruction, the contractor shall not be liable for the damages incurred by the third party.

(Article 757 of the Civil Act). As seen earlier, it is difficult to deem that the Defendant exercised the specific command and supervision authority over the process and method of the instant work against C, and that there was gross negligence in the process.

Thus, the plaintiff's claim is dismissed as it is without merit.

참조조문