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(영문) 대구지방법원 2014.12.03 2014나302292

손해배상(자)

Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiffs and the revoked part shall be revoked.

Reasons

1. The following facts may be found either as a dispute between the parties or as a whole by taking into account the following facts: Gap evidence Nos. 1 through 8, 10, Eul evidence Nos. 1, 7, 8, 9, and Byung evidence Nos. 3 through 5 (including each number in the case where there are serial numbers), witness N of the first instance court, S testimony, P Co., Ltd. of the first instance court, P Co., Ltd. of the court of the first instance, and the president of the Korea Labor Welfare Corporation's branch office.

1) Labor relations with P Co., Ltd. (hereinafter “P”) are limited to P Co., Ltd.

2) On December 6, 2011, 201, P concluded a labor contract with K on December 6, 201 and December 30, 201, with a fixed rate of KRW 250,000, for the purpose of performing the said construction, to which the new interest-based telecommunications base facility construction was subcontracted by the new interest-based telecommunications company from the Korea Radio Base Corporation. On the same day, P entered into an employment contract with K on December 6, 201 to December 30, 201, with a fixed rate of KRW 250,000 (including a vehicle). The same day, the owner of the car-based car straw (hereinafter referred to as “accident vehicle”), the owner of the O4.5 tons truck from December 6, 201 to December 30, 201, with the wage of KRW 500,00 (including a vehicle).

B. At around 08:30 on December 29, 201, N under the direction of P to transport the electric drum to a work site, and around 08:30 on December 29, 201, S used one electric drum to drive an accident vehicle and let S drive the vehicle at the entrance of the work site, which is the work site, the Gyeongjin-gun, Chungcheongnam-gun, Gyeong-gun, the work site. 2) S stopped in P’s other workers at the accident vehicle and arrived at the above work site, which is a light photographic road, and stopped in the direction to prevent the front part of the accident vehicle.

After that, K, waiting at a work site, has fixed an accident vehicle by operating an Atrier vehicle, operated a boomer, started to stop the front part of the booming vehicle by conducting booming booms, and K used the accident vehicle to stop this.