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(영문) 수원지방법원 2015.01.14 2013가단62960

손해배상(기)

Text

1. The Defendants jointly and severally agreed to the Plaintiff Appointed Party A, KRW 10,357,581, KRW 100,000, and each of the above costs.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) Defendant B is a driver of the Crerec, and around 16:00 on August 31, 2012, Defendant B was a driver of the Crerec, and around 6:00 on August 31, 2012, at the KCC Construction site located in Suwon-dong-dong, Daesung Development Co., Ltd., in which asbestos wastes are loaded and loaded into a dump truck driven operated by Plaintiff A while working for the Plaintiff A, he did not discover the Plaintiff A, who was able to run the dump truck, and did not discover the Plaintiff A, and took part in the crecing of two tons in the direction of half-time, coming back to the Plaintiff A while leaving the kne of his kne, and took part in the construction site of the Crec, which requires treatment for approximately six weeks. The Plaintiff Crec, his children, and the Plaintiff Cred Co., Ltd., Ltd. (hereinafter referred to as the “Defendant Cred Co., Ltd”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 8, the purport of the whole pleadings

B. In full view of the purport of the argument in the above facts, Defendant B was engaged in the work with the help of the Plaintiff A, and thus, Defendant B had been in the process of sufficiently communicating with the Plaintiff prior to his manipulation and ordered the Plaintiff to work at a safe location, etc. but had been negligent in doing so, thereby causing injury to the Plaintiff A due to the negligence of manipulating the strings. The On-site safety manager of the Defendant Company, the principal contractor, neglected his duty of care to thoroughly supervise the safety management at the site of the accident, and caused the instant accident, barring any special circumstance, Defendant B is liable for general tort, and the Defendant Company is jointly and severally liable for damages to the property and mental distress suffered by the Plaintiffs due to the employer’s liability.

(c) limitation of liability, provided that such limitation has been recognized earlier.