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(영문) 대구고등법원 2015.11.25 2013나21537

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order for payment shall be revoked.

annex 1.

Reasons

1. Basic facts

A. According to Article 22 of the Aggregate Extraction Act and Article 33(1) of the River Act, the Plaintiff, a local government, is obligated to gather aggregate from among the land that constitutes a river of the Nakdong River which is a national river in the elderly military area from the elderly head of the Gun with the consent of the State (Minister of Land, Transport and Maritime Affairs), seven aggregate extraction stations (K district, L district, M district, N district, N district, P district, P district, Q district, and Q district (hereinafter “the aggregate extraction site in this case”).

) After obtaining permission to extract aggregate in the aggregate, the aggregate has been extracted and sold. A, C, D, E, and I are the police assigned for special guard employed by the Plaintiff and work at the instant aggregate extraction site. Defendant B, F, G, H, and J are the inorganic contract workers employed by the Plaintiff at the instant aggregate extraction site.

The Defendants, one registered security guard and one inorganic contract worker, and performed duties such as the guard of the aggregate extraction site in this case and the surveillance of the removal of aggregate without permission, without permission, carried out aggregate extracted from the aggregate extraction site in a temporary open space by the aggregate extraction agent.

(A) Evidence 1 to 36). (b)

On January 2006, the Plaintiff selected Daeho et al. as an aggregate extraction agent around January 1, 2006.

The Plaintiff sold aggregate extracted from the aggregate extraction site of this case directly to the aggregate users, but the Plaintiff’s work of selecting and screening aggregate actually and washing the aggregate onto the transporting vehicles of the aggregate buyer was made to the aggregate extraction agent and paid the user fee for equipment according to the quantity of the work.

The above aggregate extraction agency company used equipment such as dredging lines, etc. in the aggregate extraction site in this case, selected and selected aggregate to the extent permitted by the plaintiff, and entered the aggregate in a temporary open space. The aggregate buyer's transportation vehicle arrives.