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(영문) 대구지방법원 2020.05.20 2019나319707

손해배상

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in the construction equipment operation business under the trade name of “B,” and the Defendant is a corporation established by the Korea Highway Corporation and its purpose is to build and manage roads and to conduct business related thereto.

B. On November 25, 2015, the Plaintiff drafted a “Agreement on the Lease of Permanent Equipment (hereinafter “instant Agreement”) with the Defendant, and the part relating to the instant claim in the terms of the said Agreement is as follows.

The lessor of a contract for the lease of snow equipment: The contract amount from December 1, 2015 to March 15, 2016: 15,785,000 won (including driving personnel and additional taxes): Article 3 (Standards for Abandon) of the General Conditions for the lease of snow removal equipment for the highway removal work. ① The Plaintiff’s driver shall work in accordance with the Defendant’s working hours (including night and holiday work) during the period of use, and shall comply with the Defendant’s request for work outside working hours (including night and holiday work), such as lectures, etc.

Provided, That the defendant and the plaintiff may flexibly adjust working hours by mutual agreement.

Article 4 (Operation of Equipment) (1) The equipment during the period of use shall be always waiting at the place designated by the defendant to be easy to be urgently called.

(2) The equipment shall be operated by the designated driver who has obtained prior approval from the defendant, and the operator shall meet the effective qualification standards for operating the equipment.

Article 5 (Liability for Maintenance, Management, and Inspection of Equipment) (1) The Plaintiff shall observe all the registration, reports, inspections, and inspections specified in the Construction Machinery Management Act and the Enforcement Decree of the same Act with respect to equipment leased by the Defendant, and the Defendant shall assume the responsibility in violation

In the case of a dump truck, the plaintiff shall prepare it in advance to install snow removal equipment (scapes, removal equipment) provided by the defendant.

7. The plaintiff shall prevent accidents during the winter season.