손해배상(기)
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Facts of recognition;
A. The Plaintiff is a company that conducts an engineering work, and the Defendant is employed by the Plaintiff on July 2018 to receive KRW 150,000 per day and works as a dump truck driver.
B. The Defendant driven a dump truck (C; hereinafter “instant vehicle”) owned by the Plaintiff and transported stone. On November 21, 2018, around 15:16, the Defendant is a construction site where H performed with the representative director of the Plaintiff’s Gyeongnam-gun I construction site stockpiling the stone.
On November 21, 2018, while driving a vehicle into G stone acid in order to load stone on November 16, 2018, there was an accident in which the front wheels of the wester vehicle in the direction of the road is placed down below the road, and the vehicle in this case continues to proceed with the vehicle in this case, and there was an accident in which the right wheeler and the telegraph carrier are located below the road (hereinafter referred to as the “accident”).
C. At the time of the instant accident, the Defendant used mobile phone devices by posting or receiving phone calls with H, G, and Plaintiff’s side, etc. on several occasions in order to verify the location of the site, the type and size of stone to be transported, whether the stones were issued at the time of shipment, etc.
[Ground of recognition] Facts without dispute, Gap 1 to 4 evidence, Gap 6, 7, 12 evidence, Eul 1 and 2 evidence (including each number), the purport of the whole pleadings
2. The parties' assertion
A. The gist of the Plaintiff’s assertion is that the Defendant, while driving the instant vehicle, has a duty of care to ensure the safety of the instant vehicle by leaving the front door and driving away from a sloping or ventilation, but has neglected such duty of care and caused the instant accident.
The Plaintiff incurred KRW 26,849,00 for automobile repair costs, KRW 6,00,00 for dump truck rental fee of KRW 6,920,00 for the repair period, KRW 1,920,00 for the purchase cost of parts, and KRW 34,769,00 for the total of KRW 34,769,00 for the instant accident. Accordingly, the Defendant incurred damages to the Plaintiff.