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(영문) 창원지방법원 2018.12.06 2017나58288

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is an individual entrepreneur with the trade name “D” and the Plaintiff is a non-party E Co., Ltd. (hereinafter “non-party E”) around March 4, 2013.

(2) Defendant C is an individual entrepreneur who is engaged in mid-term rental business, etc. under the trade name of “F” and Defendant B is an employee of Defendant C, and Defendant C lent the vehicle owned by Nonparty C to Nonparty Company with Defendant B, a driving engineer, around October 13, 2014.

B. On October 13, 2014, the Plaintiff: (a) around 14:15, 2014, at the Non-Party Company’s workplace, used the car owned by the Defendant C to load the iron plate; (b) at the time, Defendant B driven the car; (c) the Plaintiff was engaged in the work of cutting trees between the upper part of the front structure of the car and the iron plate; and (d) the Plaintiff’s employee G supported the work between the Plaintiff and the Defendant B; (b) the Plaintiff was engaged in the work between the Plaintiff and the Defendant B; and (c) the Plaintiff was able to write down the car between the steel board to the effect that the Plaintiff would not cut down the car in order to cut trees, and immediately carried the head between the steel board and the Defendant B, but the Plaintiff did not send any signal to the Defendant B. Accordingly, the Plaintiff caused the Plaintiff’s hair to have the car in question, and caused the Plaintiff’s hair’s injury, such as the hair and injury of the steel frame between his head and the steel plate.

(hereinafter referred to as the "accident of this case"). 【No dispute exists, Gap evidence Nos. 1 through 3, 5, 9 through 13, and 15 through 17 (including the number of branch numbers; hereinafter the same shall apply), Gap evidence Nos. 4 and 14, Eul witness G testimony of the first instance court, the inquiry results of the fact-finding into the National Health Insurance Corporation of the first instance, the purport of the whole pleadings against defendant B of this court, as a result of the party examination into the defendant B of this court.

2. Occurrence of liability for damages;

A. According to the facts of recognition of the first instance of liability, the Plaintiff has been driving by Defendant B.