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(영문) 춘천지방법원 2016.10.26 2014가단30899

손해배상(자)

Text

1. The Defendant’s KRW 15,076,464 as well as the Plaintiff’s annual rate from November 30, 2013 to October 26, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a company that operates construction machinery leasing business by employing and driving a driver of A 25.5 tons dump truck owned by the Plaintiff (hereinafter “dump truck of this case”).

The Defendant is a construction company that executed B construction works among Section 7 of the Highway Construction Works on the Highway (hereinafter referred to as the “instant construction works”).

B. On April 2013, the Plaintiff entered into a contract with the Defendant to lease equipment lease to the Defendant, setting the instant dump truck including a driver at KRW 549,00 per day (based on 9 hours per day operating hour) as rental fee of KRW 549,00 per day (based on 9 hours per day operating hour).

Since then, the Plaintiff’s employee used dump trucks at the construction site of this case for transporting aggregate and earth and sand, etc. The details of the above work were to collect aggregate and earth and sand from B, which is the construction site of this case, and if the excavated machine is loaded into the instant dump truck, the Plaintiff’s employee was driving the truck of this case to transport the truck to the vicinity of the dump truck of this case, and then, he was again going to go to B by using other paths.

C. On November 30, 2013, around 09:45, when C, an employee of the Plaintiff of the instant accident, performed a duty of transporting aggregate, etc. on the instant dump truck to a aggregate workplace (embeatation site) after loading aggregate, etc. on the instant dump truck at a sand gathering place, there was an accident (hereinafter “instant accident”).

(See attached Form 1). (d)

In around 2012, the Defendant opened a temporary road at the site of the instant accident for the instant construction work. In the instant section of the accident, there were “scambling”, “scambling-way sign”, and “scambling-way sign” and “h/h signs” with a speed of 10km or more.

[Reasons for Recognition] Gap, Nos. 1, 3, 8, and 8.