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(영문) 광주지방법원 2014.01.16 2013가합53375

구상금

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. At around 08:00 on September 9, 2010, Defendant A transported the case at the site of “D military production factory Plant extension construction work” in D military production plant located in D military production plant located in D military production plant located in Si, Si, Gun, Busan, by driving a 50t-on mider (E; hereinafter “the instant weighter”). During transport, the sing labelling labeling unit’s cover cover connected to the air of this case was opened, and the case was cut down, and the F took the right side of the F’s safety mother working in the above field, and thereby, F took the framework of the right head’s head’s upper part.

(hereinafter “instant accident”). B.

Defendant B is the owner of the term of this case and the owner of the term of this case, and the owner of the term of this case is the insurer who concluded the automobile insurance contract with Defendant B with respect to the term of this case.

C. The Plaintiff paid F KRW 91,288,340 as temporary layoff benefits and injury-disease compensation annuities, and KRW 267,45,060 as medical care benefits, respectively, and F is currently under medical care.

[Based on Recognition - Unsatisfy Facts, Gap evidence 1 to 5, Eul evidence 1 and 2 (including each number; hereinafter the same shall apply)

(2) Each entry and the purport of the whole pleading

2. Determination as to the cause of claim

A. The Plaintiff’s assertion (1) The instant accident occurred due to Defendant A’s negligence. As such, Defendant A is liable to compensate F for the damages incurred by the instant accident pursuant to Article 750 of the Civil Act.

(2) Singlert can be deemed to be the inherent device of the instant flag. The instant accident occurred due to the operation of the instant flag. As such, Defendant B is liable for compensating for the damages incurred by the instant accident pursuant to Article 3 of the Guarantee of Automobile Accident Compensation Act, and even if not, Defendant B, as the user of Defendant A, is liable for compensating for the damages incurred by F due to the instant accident pursuant to Article 756 of the Civil Act.

(3) As the insurer who entered into an automobile insurance contract with Defendant B with respect to the term of this case, the Defendant Han Lan Insurance Co., Ltd. is F.