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(영문) 인천지방법원 2021.02.24 2020가단14047

구상금

Text

The defendant shall pay 140,051,000 won to the plaintiff and 12% per annum from August 6, 2020 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The deceased C (hereinafter “the Deceased”) is a person who is engaged in the transportation business under the trade name “D”, and the Defendant and E are the Plaintiff’s bitrers who worked as a cargo vehicle engineer.

B. On March 28, 2014, the Deceased, who received a request from the Plaintiff for the carriage of the digging gear for export, carried the digging gear with the Defendant, E, etc., along with the cargo vehicles in Gunsan, and arrived at 13 tin at the 13-day wharf of the Gan Incheon Incheon Port on the following day.

(c)

E On March 29, 2014, at the request of a construction machinery pilot, 08:00, E decided to operate and load a searcher loaded on a cargo vehicle without a construction machinery pilot's license, and the Defendant had E make a water signal for loading and unloading.

In such cases, the defendant et al. has a duty of care to prevent accidents by using a triang board for loading and unloading a triang board for loading and unloading so that the triangator on the ground can be unloaded without shocking on the ground, and safely operating and unloading a trianger with accurate hand signals.

However, E operates a motor vehicle wheel in lieu of a triang light board so that the wheel can be lowered, and the defendant was working to reduce the height of loading by operating a trekeer under the bottom of the engine side of the string engine in order to reduce the shock at the time when the trife is forced to reduce the shock, without careful care, on whether there is a person within the radius of work.

The deceased caused the death (hereinafter “instant accident”) by placing the deceased between the parts of the cherb engine engine and the cherb on board the cherb (hereinafter “instant accident”).

F, G, H, and I, the inheritor of the Deceased, filed a claim for damages against the Plaintiff, the Defendant, and E (the Changwon District Court 2015 Ghana 72166).

On September 2, 2016, the above court held that the defendant and E are liable to compensate the deceased for the damages caused by the above accident as a person who caused the instant accident, and the plaintiff.