손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a corporation established for the purpose of aggregate, soil and transportation business, etc., and Defendant B corporation (hereinafter “Defendant corporation”) is a corporation established for the purpose of engineering work, etc.
B. On October 26, 2017, the Plaintiff’s driver D operated the E dump truck owned by the Plaintiff (hereinafter “instant dump truck”) and loaded earth and sand collected from the military unit located in Sinung-si, and the Defendant transported and unloaded earth and sand to G located in Seo-gu, Incheon, which is located in the construction site (hereinafter “instant accident”).
[Ground of recognition] The items of Gap evidence 1 to 3, Gap evidence 9 and 16 (including paper numbers) and the purpose of the whole pleading
2. Assertion and determination
A. For the following reasons, the Plaintiff’s assertion sought payment of damages incurred by the Plaintiff due to the instant accident against the Defendants, namely, KRW 85,857,640 ( KRW 25,443,00, KRW 614,640, KRW 60, and KRW 5,000, KRW 90,000, and KRW 90,857,640, and KRW 640, as part of the business losses during the repair period, among the business losses during the repair period.
1) In inducing dump trucks to load and unload, Defendant C is liable for tort liability under Article 750 of the Civil Act, since the instant accident occurred due to negligence, despite the duty of care to investigate in advance whether the ground is flat, whether the ground is likely to be broken off, and whether the ground is likely to be broken off at a safe place, and even if there is a duty of care to induce the loading and unloading at a safe place, Defendant C is liable to compensate for damages due to the tort. 2) Defendant C
The duty to take safety measures in accordance with the good faith principle, and the risk caused by defective work methods, etc. shall be prevented when loading and unloading, etc. is performed in accordance with Article 23(2) and (4) of the Occupational Safety and Health Act and Article 199 of the Rules on Occupational Safety