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(영문) 수원지방법원안산지원 2016.04.27 2014가단117854

손해배상(산)

Text

1. Defendant B’s KRW 21,507,778 as well as the Plaintiff’s annual rate from October 17, 2014 to April 27, 2016.

Reasons

1. Basic facts

A. On October 13, 2014, the Defendant Ansan-si contracted to Defendant B a project to remove forest fire monitors in an arboretum located in Ansan-si Group C (hereinafter “instant project”) for KRW 2,934,800.

B. For the instant construction, Defendant B employed the Plaintiff as a human father, and paid KRW 350,000 to E, who is a sniff truck driver and five ton dump truck driver.

C. On October 17, 2014, at around 08:00 to 14:00, the Plaintiff and Defendant B carried out the removal work at the construction site of this case. E was a sump truck as a sumpator (i.e., dump truck was set up at a construction site at approximately 600 meters since the construction site was normal). Upon completion of removal work and site arrangement, the Plaintiff, Defendant B, and E moved to a place where a dump truck was installed at the construction site around 15:00 on the same day.

Defendant B moved removed objects to E from a dump truck to a secondhand shop located in the Fdong-gu, Ansan-si.

Accordingly, after putting the removed articles into the network and connecting them to the pocles, E operated the pocles to load the removed articles as dump truck, and the Plaintiff was dump truck. The Plaintiff was dump truck, and the accident that the removed articles were cut and the removed articles were removed to the bottom of the Plaintiff was occurred (hereinafter “instant accident”). E.

The Plaintiff suffered from the instant accident, such as the closure of the structural part, which requires approximately 14 weeks of treatment.

【Uncontentious facts, Eul-B's 1, 3, 4, 5 evidence, Eul-A's 3, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. Defendant B (a) is not a “employment” of Defendant B, but a “Delegation” of the work of transporting and disposing of the removed objects, according to Plaintiff B (a)’s assertion by the parties.

Therefore, the plaintiff on the above work.