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(영문) 서울중앙지방법원 2015.08.26 2014가단5057795

구상금

Text

1. The Plaintiff, Defendant A, Defendant A, and Defendant Taesan Development Co., Ltd., Ltd., KRW 4,155,00,00 and the aforementioned amount on August 16, 2013.

Reasons

1. Facts of recognition;

A. B, around 2013, received contracts from D for the removal of the instant building located in Seo-gu Seoul Metropolitan Government (hereinafter “instant building”) (hereinafter “instant removal construction”).

B. B, on April 20, 2013, between the lessor F and the E company’s lessor, for the removal construction of the instant case, leased G excavation search devices (hereinafter “instant excavation search devices”) at KRW 350,000 per day from April 20, 2013 to April 30, and Defendant Taesan Development Co., Ltd. (hereinafter “Tsan Development”) (hereinafter “Tsan Development”) invested Defendant A, an employee, into the removal site of the instant case, as the driver of the instant excavation search devices.

C. However, on the right side of the building of this case, the gas station operated by Dong Forest Energy Co., Ltd. (hereinafter “Dong Forest Energy”) (hereinafter “H gas station”) was installed with a fence owned by Dong Forest Energy, and if the building of this case was negligent in doing so in the process of the removal of the building, the aforementioned fence was likely to collapse. However, even though Eul, the implementer of the removal construction of this case, did not take adequate measures to remove the building of this case, and under such circumstances, the Defendant A had a duty of care to remove the building of this case with sufficient care to prevent the above fence from being exceeded in the process of the removal of the building of this case, but around April 24, 2013, around 13:00, by neglecting the above duty of care to remove the building of this case, thereby causing damage to the gas station of this case to be owned by Dong Forest and 200, 700, 200, 700, 700, 70, 70, 200

hereinafter referred to as “instant accident”;

The Plaintiff directly shocked Defendant A’s fenced by the H principal station, which was the Ch principal station, in the instant case.