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(영문) 울산지방법원 2020.02.14 2018가단55151

손해배상(산)

Text

1. The Defendants jointly share KRW 103,505,281 with respect to the Plaintiff and 5% per annum from December 30, 2015 to February 14, 2020.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company engaging in plant business, etc., and the Plaintiff is a member working for the Defendant Company’s Energy Production Management Team from September 3, 2012.

B. On December 30, 2015, at the port of Ulsan, the Plaintiff: (a) operated the 6 Dunsan Port 4, the Defendant C’s possession (D) at the port of Ulsan (hereinafter “instant accident”); and (b) managed the operating of the ice beam (400cm in length x 25cm x weight x 280km x F) on the e-owned freight (F) in the said port of loading; (c) while the e-line beam fells below the e-owned freight space (hereinafter “instant accident”).

C. The Plaintiff suffered injury due to the instant accident, such as cutting of 1, 2, 3, 4, 5 mets to the right side.

[Ground of recognition] Facts without dispute, Gap 1 to 5 evidence, each entry of Eul 2, part of Eul 3 evidence, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. The Plaintiff asserted that the instant accident occurred between Defendant C’s sn beam beam beamline on board the Defendant C’s sn beam beamline in order to take the sn beam, and that the sn beamline was damaged. Accordingly, the Defendant C asserts that the instant accident was different in the process of cutting the sn beam beamline on the Plaintiff’s load line after the Defendant C finished the sn beam operation and then fixing the sn beam beam beamline on the Plaintiff’s load line.

Therefore, we first examine the circumstances of the accident in this case.

In light of the following circumstances, the instant accident: (a) in light of the facts acknowledged earlier and the evidence revealed earlier; (b) written evidence No. 1; (c) the remainder of evidence No. 3; (d) witness G testimony; and (e) the outcome of the reply to the order to submit documents to the president of the Ulsan District of the Republic of Korea Labor Welfare and Welfare; and (c) in light of the overall purport of the pleadings, the instant accident fell into the sn beam beam of the Defendant C with a view to taking the sn beam loaded between the sn beam beams loaded by the Defendant C.