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(영문) 인천지방법원 2014.10.07 2013가합33511

손해배상(건)

Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 379,665,963 as well as to the Plaintiff from August 22, 2013 to October 7, 2014.

Reasons

1. Basic facts

A. The Plaintiff is a person who operates and operates a construction heavy machine, such as a mobile heavy machine, with the name of “C”, and Defendant Postal Industry Co., Ltd. (hereinafter “Defendant Postal Industry”) is a company contracted from Gwangju City for construction of road construction works on the bundine, flood damage restoration and masses (ro 2-28 lines) from Gwangju City, and Defendant B Co., Ltd. (hereinafter “Defendant B”) was awarded a subcontract for construction and installation of PC carps from Defendant Postal Industry.

B. From March 27, 2013 to March 29, 2013, Defendant B, a general director for the execution of Defendant B’s construction, requested “E” to lease the 200t mid-term equipment for the installation of PC car (hereinafter “instant construction”) during the three-day period from March 27, 2013 to March 29, 201, and the “E” again requested “F” to lease the term.

C. G, an engineer of “E”, was present at the construction site of this case on March 26, 2013 and Defendant B’s above D, and consulted on the job method.

On March 26, 2013, the Plaintiff was requested from H of “F” to set up a medium-term season from “F,” and had J of the medium-term engineer of this case drive the medium-term engineer of this case on March 27, 2013, on condition that he/she will receive KRW 2.5 million per day for three days and work at the construction site of this case.

E. On March 27, 2013, the J set up one of the 11st foot balance trends on the floor in order to install a well-known mid-term straw (i.e., a one-straw wait, and a “kackerwait,” before conducting the mid-term operation at the site of the instant construction (hereinafter referred to as the “instant accident”). The instant accident occurred during which two of the 12th foot balance trends were carried out simultaneously.

[Ground of recognition] without any dispute, Gap 1 through 6, 11 through 14, Eul 2 through 5, 8, 5.