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(영문) 창원지방법원 2019.02.14 2017가단110208

손해배상(기)

Text

1. The Defendants jointly share KRW 17,675,020 with respect to the Plaintiff and the period from July 13, 2017 to February 14, 2019.

Reasons

1. Facts of recognition;

A. Defendant B Co., Ltd. (hereinafter referred to as “B”) is a company that has been awarded a contract with Nonparty H to the G Co., Ltd. to the G Co., Ltd. that is being executed in Seocho-gu Edong and Fdong Won-dong (hereinafter “instant construction”). Defendant C Co., Ltd. (hereinafter referred to as “C”) is a company that has been awarded a subcontract for the instant construction works from Defendant B, and the Plaintiff entered into a contract of carriage with Nonparty I and the instant construction site with the Plaintiff to load and unload Saturdays at the instant construction site.

B. From September 2016, the Plaintiff transported Saturdays to the instant construction site. On November 5, 2016, Nonparty J, an employee of the Plaintiff Company, was driving the K dump truck owned by the Plaintiff (hereinafter “dump truck of this case”) and entered the instant construction site, and the instant dump truck of this case was transferred to the left-hand side due to the instant dump truck of this case, while he unloaded to the instant construction site in accordance with Nonparty L, the team leader of Defendant C, who was the head of the team affiliated with the Defendant C, and accordingly, the instant dump truck of this case was transferred to the left-hand side, and accordingly, an accident requiring KRW 8,375,100 for repairing costs (hereinafter “the instant accident”).

C. The construction site of this case is a construction site for improving the dump trucks and creating a golf course, and Defendant B directly supplied the outside earth and sand at the construction site of this case. Defendant C instructed that dump trucks, which are loaded with earth and sand outside, transported it to the upper half of the dump trucks and carried out dump trucks to load and unload the earth and sand at the designated loading site.

[Ground of recognition] Facts that there is no dispute or is not clearly disputed, Gap evidence 1, 6 through 10, 12 (including paper numbers), witness J, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. According to the above fact of recognition of damages liability, the accident of this case is in this case.