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(영문) 대전지방법원 2017.08.25 2016가단225053

손해배상(기)

Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Facts of recognition;

A. At around 10:30 on August 26, 2016, C (hereinafter referred to as “the deceased”) was getting off the front line in the direction of the center in the direction of the center of the south, along with the second line set side road located in the salary-ro 128, the front line was not found to stop due to the water signal control due to the “D Construction” (hereinafter “D Construction”) in front of the Deceased’s proceeding direction, and was stopped in the front line, the front line 4.5 tons of the cargo vehicle stopped in the front, and the front line 4.5 tons of the cargo vehicle stopped in the front.

On August 26, 2016, the Deceased died in an emergency room of the Health and Medical Service Center of the Chang Chang-gun on August 26, 2016.

(hereinafter “instant accident”). (b)

The plaintiff (Appointed Party) and the designated parties are the children of the deceased, and the defendant limited liability company (hereinafter referred to as the "defendant company") are the contractor who performed the construction of this case by being awarded a contract from the South Won National Land Management Office, and the defendant B works as the head of the above site office at the time of the accident of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2, 3, and 6, entry of Eul evidence 1 to 3, the purport of the whole pleadings

2. In contrast to the Defendants’ assertion at the construction site of this case, the Defendants did not properly install safety facilities, such as direction signs and construction guide signs, traffic guidance signs, light warning lights, etc., submitted at the time of the instant construction work report (hereinafter “safety facilities installation plan”). ② According to the Ministry of Land, Infrastructure and Transport’s guidelines for the traffic management of road construction site, the Defendants merely posted “control signal numbers” and “control signal numbers” for vehicle control, but did not post “control signal numbers.” However, the Defendants’ above tort did not recognize the fact that the instant construction is underway, and died of the instant accident during the instant construction.