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(영문) 부산지방법원 서부지원 2018.10.11 2018가합100842

손해배상(기)

Text

The plaintiffs' claims against the defendants are dismissed in entirety.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Facts of recognition;

A. The status of the parties 1) The Plaintiff is an individual entrepreneur who operates a waste disposal business under the trade name of “F”. The Plaintiff B is the husband of the Plaintiff, a company established for the purpose of waste collection and transportation business, etc. (hereinafter “G”).

(2) Defendant C is the wife of H (hereinafter “the network H”) and Defendant D and E are children of the network H.

B. On February 1, 2012, the network H’s conclusion of the vehicle access contract was an individual entrepreneur who runs the waste transport business in the name of “I”. On February 1, 2012, the network H concluded a vehicle access contract for 11.5t tension truck (J; hereinafter “instant truck”) with G, and used the instant truck to go into G for waste transport purpose by leaving the instant truck into G for waste transport purpose.

C. On February 29, 2016, the network H’s occurrence of the deceased’s death accident 1) The instant truck is the F’s factory (hereinafter “instant factory”).

(3) The truck of this case’s truck’s vehicle loading box opening and closing device is destroyed and operated, and the network H, which is a F’s factory site, refers to the death on March 3, 2016 (hereinafter “the network K”).

(2) The network K used an exchange fold connected to the distribution of the instant truck in the plant to connect the repair materials to the opening and closing device of the instant truck, and the network H supported this.

However, while the network K engaged in the above work, metal dust accumulated inside the powder box was scattered, and an explosion and fire accident (hereinafter “instant accident”) occurred, and both the network H and the network K died.

In relation to the accident of this case, the plaintiff B was in violation of occupational negligence, death, and violation of the Occupational Safety and Health Act.