손해배상(건)
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. Defendant B Co., Ltd. (hereinafter “Defendant B”) is the starting work of the Incheon Southern-gu E (hereinafter “instant construction”) and Defendant D Co., Ltd. (hereinafter “Defendant D”) is the subcontractor who is in charge of the civil engineering work, such as banking at the construction site and ground standardization work during the instant construction work.
B. Nonparty F, a driver affiliated with the Plaintiff, loaded a earth and sand collected at the construction site of an apartment located in G at Sinti City, on Hump truck owned by the Plaintiff (hereinafter “instant vehicle”), and operated the instant vehicle on May 19, 2018, and arrived at the construction site of this case around 5:00 on May 19, 2018.
During F’s getting down with earth and sand, there was an accident that the instant vehicle lost its balance and moves back to the future (hereinafter “instant accident”). Accordingly, the Plaintiff spent KRW 1,500,000 for towing charges of the instant vehicle and KRW 34,00,000 for the repair cost of the instant vehicle.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, 9, 10, 12 and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion is the construction work at the construction site of this case, and the defendant D, as a subcontractor of the civil engineering work of this case, is responsible for compensation for the plaintiff's damage, since the accident of this case occurred due to the plaintiff's violation despite its duty to take appropriate measures, such as suspending entry and departure, confirming that the ground becomes weak due to the storm of work, and ordering work after checking that the safety of the ground is secured.
In addition, access roads or roads to which the accident of this case occurred can be a structure stipulated in Article 758 of the Civil Act, and the weight of dump truck, such as the vehicle of this case, is required to load the above structure.