손해배상(산)
1. The Defendant’s KRW 19,85,744, respectively, and each of them from July 3, 2015, to Plaintiff A. 38,283,616, Plaintiff B, C and D.
1. Basic facts
A. The Defendant is a company that collects and treats wastes, removes waste buildings, etc., and the network F (hereinafter “the network”) is a person employed by the Defendant as a construction machinery driver.
B. On July 3, 2015, the Defendant: (a) around 12:40 on July 3, 2015, at the Defendant’s waste disposal site located in Gangwon-gun G, the Defendant: (b) had the Deceased drive a Hrost (hereinafter “instant log”), a construction machine, and had the Deceased take off a dump truck with wheels in the disposal site.
C. Accordingly, the Deceased’s driving of the instant buser and completed work on the ridge line in the waste disposal site, and dumped the instant buser based on the acute slope non-disscepter’s sub-scriptive road, and then fell below 12 meters, and died from the site of the instant buser due to multiple dump and multiple prolonged damage, etc.
(hereinafter “instant accident”). D.
As to the instant accident, the Defendant’s representative director I was prosecuted for the violation of the Occupational Safety and Health Act due to occupational negligence, etc. (Sacheon District Court 2015dan1040), and on May 11, 2016, the court ordered I to provide community service for 2 years and 160 hours in the suspension of execution in August, 201 and sentenced the Defendant to a fine of 15 million won.
On the other hand, the defendant and I appealed and continue the appeal court (Skcheon District Court 2016No486).
E. Meanwhile, the plaintiff A is the deceased's wife, and the plaintiff B, C, and D are the children of the deceased.
[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, Eul evidence 17, the purport of the whole pleadings]
2. Occurrence of liability for damages;
A. In full view of the underlying facts as to the occurrence of liability, Gap evidence Nos. 9 (including paper numbers), Eul evidence Nos. 17, and the overall purport of the pleadings, the deceased is likely to cause danger due to the situation in which he/she should drive and move the instant log with a height of 12 meters, which is 12 meters.